WPCRL/905/2021
2021 Latest Caselaw 1916 UK

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                                  WPCRL No. 905 of 2021

                                  With

                                  Compounding Application No. 1 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. T.P.S. Takuli, learned counsel for
                                  the petitioners.
                                        Ms. Mamta Joshi, learned Brief
                                  Holder for the State of Uttarakhand.
                                        Mr. Deepak Bisht, learned counsel for
                                  the private respondent.

Heard learned counsel for the parties.

Respondent no. 3 has lodged the FIR No. 17 of 2021 for the offence punishable under Section 420, 504 and 506 IPC at PS Nanakmatta, District Udham Singh Nagar.

Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now the complainant does not have any grievance with the petitioner. In support of compounding application, affidavits have been filed by Shri Sahabuddin (petitioner no. 1), Smt. Shabana (petitioner no. 2), Smt. Husnara (respondent no. 3), Smt. Nasrim (Victim), Smt. Shaheen (Victim), Smt. Rukshana (Victim), Smt. Reshma (Victim), Smt. Nasrat (Victim) and Smt. Fhool Bi (Victim). Petitioners, duly identified by his Counsel, are present in person before the Court and he ratified the above facts. Respondent no. 3/complainant and victims, duly identified by his Counsel, are present before the Court and ratified the above facts too. 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 has no objection to the compounding application.

Offences under Sections 420, 504 and 506 IPC are compoundable. Reliance is placed upon the judgments of the Hon'ble Apex Court in B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.

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 at between the parties is accepted. Impugned FIR No. 17 of 2021 for the offence punishable under Section 420, 504 and 506 IPC at PS Nanakmatta, District Udham Singh Nagar is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 17.06.2021 SB