WPCRL/385/2021
2021 Latest Caselaw 580 UK

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                                  WPCRL No. 385 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. S.R.S.Gill, Advocate for the petitioners.

Mr. Dinesh Chauhan and Mr. P.C.Uniyal, Brief Holders for the State.

Mr. Milind Raj, Advocate for the respondent no.3.

Respondent no. 3 has lodged the FIR No. 54 of 2021 with PS Sitar Ganj, District Udham Singh Nagar for the offence under Sections 323, 354, 427, 504, 506 and 509 IPC against the petitioners.

Now, parties have filed a joint

of 2021 stating therein that they have entered into compromise and amicably settled their disputes and now the complainant does not have any grievance with the petitioners. In support of compounding application, affidavits have been filed by Shri Hasnain Ahmad (petitioner no. 1) and by Smt. Manju Yadav (respondent no. 3/complainant). Petitioner no. 2 and respondent no. 3, duly identified by their respective Counsels, are present in person before the Court and they ratified the above facts. Petitioner nos. 1 and 3, duly identified by their respective Counsels, are present before the Court and ratified the above facts too. Compounding application bears the signatures/thumb impressions of the petitioners and respondent no. 3. It has been further stated by the parties that now they have amicably settled their disputes. 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 Section 323, 504 and 506, 509 and 427 IPC are compoundable offences, while offence under Section 354 IPC are compoundable offence with the permission of the Court.

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. 54 of 2021 registered against the petitioners with PS Sitarganj, District Udham Singh Nagar under Sections 323, 427, 354, 504, 506 and 509 IPC is quashed in terms of the compromise arrived at between the parties.

Writ petition stands disposed of accordingly.

(N.S.Dhanik, J.) 02.03.2021

Kaushal