WPCRL/1228/2022
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                                 WPCRL 1228/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Deep Prakash Bhatt, Advocate, for the petitioner.

Ms. Manisha Rana Singh, AGA, for the State/respondents no. 1 to 3.

Mr. Ajay Joshi, Advocate, for the complainant/respondent no. 4.

Petitioner has filed this writ petition along with compounding application seeking to quash the FIR registered as Case Crime No. 328 of 2022, under Sections 354, 323, 504, 506 IPC in PS Rudrapur, District Udham Singh Nagar, in terms of compromise.

Petitioner and respondent no. 4 (complainant/victim), duly identified by their respective Counsel, are present in person before this Court. Complainant/victim made a statement that she has entered into a amicable settlement with the petitioner, therefore, she is not interested in prosecuting him and now she does not have any grievance against him. She also stated that she does not want to pursue the matter any further. Hence, learned Counsel for the parties submitted that in view of amicable settlement of the dispute, parties may be permitted to compound the offences.

Learned State Counsel submits that offence under Section 354 IPC is non- compoundable. However, she does not seriously oppose the compounding application.

Offence under Section 354 IPC is non- compoundable. However, in appropriate cases and in order to bring peace and harmony between the parties, non- compoundable offence can also be permitted to be compounded by this Court in exercise of powers under Article 226 of the Constitution of India. Moreover, since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would tantamount to abuse of process of law.

The above view is supported by the judgments rendered by 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 1.

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 registered as Case Crime No. 328 of 2022, under Sections 354, 323, 504, 506 IPC, registered in PS Rudrapur, District Udham Singh Nagar, is quashed in terms of compromise.

Writ petition stands disposed of accordingly.

(Manoj Kumar Tiwari, J.) 4.8.2022 Pr