WPCRL/1354/2021
2021 Latest Caselaw 4007 UK

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                                  WPCRL No. 1354 of 2021
                                  Hon'ble N.S. Dhanik, J .
                                        Mr. Punit Kumar, learned counsel
                                  for the petitioner.
                                        Mr. V.K. Jemini, learned Deputy
                                  Advocate General for the State of
                                  Uttarakhand.
                                        Mr. Paras Kumar, learned counsel
                                  for the private respondent.

Respondent no. 3 has lodged the FIR No. 0250 of 2021 with PS Kichha, District Udham Singh Nagar for the offence punishable under Section 3/4 of Dowry Prohibition Act and under Sections 313, 323, 498A and 506 IPC against the petitioners.

Now parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute and now respondent nos. 3 and the victim have no grievance with the petitioner. In support of the compounding application, affidavits have been filed by Shri Rahul Verma (petitioner) and by Shri Ashok Kumar (respondent no. 3) who is also doing pairvi on behalf of the victim/respondent no. 4.

Petitioner and respondent nos. 3 & the victim are present in the Court today, duly identified by their respective counsel and admitted the settlement.

Compounding application bears signatures/thumb impressions of the petitioner and private respondents. 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 orally opposed the compounding application on the ground that Sections 313, 498A and 506 IPC are non-compoundable offences.

Learned counsel for the petitioner placed reliance upon the judgment of the Hon'ble Apex Court in Gian Singh v. State of Punjab and Another, (2012) 10 SCC 303 and in B.S. Joshi v. State of Haryana, (2003) 4 SCC 675.

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 between the parties accepted. Impugned FIR dated 28.07.2021 bearing FIR No. 0250 of 2021 on the basis of compromise for the offence punishable under Sections 3/4 of Dowry Prohibition Act and under Sections 313, 323, 498A and 506 IPC, PS Kichha, District Udham Singh Nagar is hereby quashed in terms of the compromise qua the present petitioner.

Criminal writ petition stands disposed of accordingly.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 04.05.2021 SB