WPCRL/1149/2021
2021 Latest Caselaw 2580 UK

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                                  WPCRL No. 1149 of 2021
                                  Hon'ble N.S. Dhanik, J .
                                        Mr. Yogesh Upadhyay, learned
                                  counsel for the petitioners.
                                        Mrs. Mamta Joshi, learned Brief
                                  Holder for the State.
                                        Mr. P.C. Petshali, learned counsel
                                  for the private respondent.

Respondent no. 3 has lodged the FIR No. 212 of 2021 with PS Kashipur, District Udham Singh Nagar for the offence punishable under Sections 147, 323, 427, 504 and 506 IPC against the petitioners.

Now parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent no. 3 and injured does not have any grievance with the petitioners. In support of the compounding application (IA No. 1 of 2021), affidavits have been filed by petitioner no.1 who is doing pairvi on behalf of the other petitioners also and by respondent no. 3.

Petitioner No. 1 (Rahul), petitioner no. 2 (Gaurav), Gajram (petitioner's father) as the second respondent is minor so he is doing parvi on behalf of him being an natural guardian of the second respondent and respondent no. 3 (Jagjeet Singh) are present in the Court today through Video Conferencing, duly identified by their respective counsel. They admitted the settlement.

Compounding application bears signatures/thumb impressions of the petitioners and third respondent. It has been further stated by the parties that now they have amicably settled their dispute. Therefore, learned counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel would oppose the bail application on the ground that Section 147 is non-compoundable offence.

Learned counsel for the petitioners placed reliance upon the judgment of the Hon'ble Apex Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC

675.

Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon'ble Apex Court, the compounding application is allowed. Compromise arrived between the parties accepted. Impugned FIR dated 02.06.2021 bearing FIR No. 212 of 2021 on the basis of compromise for the offence punishable under Sections 147, 323, 427, 504 and 506 IPC is hereby quashed in terms of the compromise qua the present petitioners.

Criminal writ petition stands disposed of accordingly.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 24.07.2021 SB