WPCRL/479/2021
2021 Latest Caselaw 1216 UK

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                                  WPCRL No. 479 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. Manav Sharma, learned counsel
                                  for the petitioners.
                                        Mr. Pramod Tiwari, learned Brief
                                  Holder for the State.
                                        Mr.    Mayank      Pandey,     learned
                                  counsel for the private respondents.

Respondent no. 3 has lodged the FIR No. 0042 of 2021 dated 06.02.2021 with PS Bazpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 325, 504 and 506 IPC against the petitioners.

Along with the petition, a joint compounding application has been filed. In support of the compounding application, affidavits have been filed by the first petitioner (Chetan Sharma) who is doing parvi on behalf of the other petitioner also, by the third respondent (Gurdeep Singh), by the forth respondent (Harpreet Singh) and by the fifth respondent (Manpreet Singh).

Except petitioner nos. 4 and 6, all accused petitioners as well as respondent nos. 3 to 5, duly identified by their respective Counsel, were present before the court on 16.03.2021 and they admitted that they have entered into compromise.

Today, petitioner nos. 4 and 6 are present before this Court, duly identified by their counsel and admitted the compromise.

Learned State Counsel opposed the compounding application on the ground that Sections 147 and 148 IPC are non compoundable.

Offences under Sections 149, 325, 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. 0042 of 2021 dated 06.02.2021 with PS Bazpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 325, 504 and 506 IPC is hereby quashed in terms of the compromise.

Writ petition stands disposed of accordingly.

(N.S. Dhanik, J.)

26.03.2021

SB