WPCRL/429/2021
2021 Latest Caselaw 2019 UK

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                                  WPCRL No. 429 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. Amit Kapri, learned counsel for
                                  the petitioner.
                                        Mr. A.K. Sah, learned Deputy
                                  Advocate General for the State.
                                        Mr. Deep Prakash Bhatt, learned
                                  counsel for the third respondent.

Heard learned counsel for the parties.

Respondent no. 3 has lodged the FIR No. 007 of 2021 for the offence punishable under Sections 332, 353, 341, 504, 506, 147 and 186 IPC at PS Jajerdewal, District Pithoragarh against the petitioner.

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 Jeewan Singh Waldiya (petitioner no. 1) and by Shri Ganga Singh Bisht (respondent no. 3), duly identified by their respective Counsel, are present in person before the Court through Video Conferencing 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 oppose the compounding application on the ground that Sections 147 and 186 IPC are non- compoundable offence.

Offences under Sections 332, 353, 341, 504, 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. 007 of 2021 for the offence punishable under Sections 332, 353, 341, 504, 506, 147 and 186 IPC at PS Jajerdewal, District Pithoragarh is quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.)

23.06.2021 SB