WPCRL/490/2021
2021 Latest Caselaw 1050 UK

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                                 WPCRL No. 490 of 2021

                                 With

                                 Compounding Application No. 1 of 2021

                                 Hon'ble N.S. Dhanik, J .

                                       Mr. Akhil Kumar Sah, learned
                                 counsel for the petitioner.
                                       Mrs. Manisha Rana Singh, learned
                                 A.G.A. for the State of Uttarakhand.
                                       Mr.    Harendra    Singh,    learned
                                 counsel for the private respondent.

Respondent no. 4 has lodged the FIR No. 699 of 2020 with PS Ramnagar, District Nainital for the offence under Sections 323, 452 and 504 IPC 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 Vedprakash (petitioner), by Shri Shispal (respondent no. 4/complainant) and by Kunta Devi (respondent no. 5). Petitioner and respondent nos. 4 and 5, duly identified by their respective Counsels, are present in person before the Court and they ratified the above facts. Compounding application bears the signatures/thumb impressions of the petitioner and respondent nos. 4 and 5. 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 opposed the compounding application on the ground that Section 452 IPC is non compoundable.

Offences under Section 323 and 504 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. 699 of 2020 registered against the petitioner with PS Ramnagar, District Nainital under Section 323, 452 and 504 IPC is hereby quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.) 22.03.2021 SB