Uttarakhand High Court
Ritik And Seven Others ....... ... vs State Of Uttarakhand & Others on 23 August, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Compounding Application (IA No. 1 of 2022)
In
Writ Petition (Criminal) No. 1559 of 2022
Ritik and seven others ....... Petitioners
versus
State of Uttarakhand & others................ Respondents
Mr. Prem Kaushal , learned counsel for the writ applicants.
Ms. Manisha Rana, learned Assistant Government Advocate for the
State/respondent nos. 1 & 2.
Mr. Mahesh Chandra, learned counsel for the respondent no.3.
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Judgement dated: 23.08.2022
Hon'ble Sanjaya Kumar Mishra, J.
Upon hearing the learned counsels, the Court made the
following Order.
1. This writ application has been filed for
quashing of the Case Crime No. 189 of 2022,
for the offences punishable under Sections 147,
148, 149, 352 of the Indian Penal, Police
Station Khanpur, District Haridwar.
2. A compounding application being IA No. 1 of
2022 has been filed by the parties for disposing
of the case on the basis of compromise arrived
at between the parties to quash the FIR dated
27.07.2022, as the parties have settled their
disputes amicably. Both the parties are present
in person and submitted their identity proofs,
namely, Aadhar Card and the parties are duly
identified by their respective counsel. This
Court is satisfied with their identification.
Learned counsel for the parties submit that the
matter has been settled between the parties.
3. I have perused the respective Adhar Cards of all
the parties. Parties are duly identified by their
respective counsel. I am satisfied that there is
an amicable settlement between the parties.
4. However, learned counsel for the State objects
to the application for compromise on the
ground that Sections 147 and 148 IPC are non
compoundable offences. However, in view of the
fact that compounding of an offence under
Section 320 of the Code and quashing of the
FIR on the basis of compromise are two
different things. Though these offences are not
compoundable under Section 320 of the Code,
but the High Court in exercise of jurisdiction
under Article 226 of the Constitution of India is
duly authorized to quash an FIR or criminal
proceedings by issuing a writ of Certiorari in
this case. Moreover, these type of cases are not
excepted by the Hon'ble Supreme Court in the
two judgments i.e. Gian Singh vs. State of
Punjab (2012) 10 SCC 303 and State of Madhya
Pradesh v. Laxmi Narayan (2019) 5 SCC 688.
Accordingly the compounding application is
allowed.
5. Keeping in view the totality of the fact,
especially, the fact that all the petitioners and
the complainant (respondent no. 3) have
already settled their disputes and it will render
exercise of criminal trial futile, may result in
wastage of public money and time and it is a fit
case, in which, the FIR should be quashed.
Continuance of the criminal investigation would
be an abuse of process of law.
6. The above offences are hereby allowed to be
compounded, and therefore, the impugned FIR
as mentioned above, is hereby quashed.
Accordingly, the Writ Application is also allowed
on the basis of compromise arrived at between
the parties.
(S.K.Mishra, J.)
(Grant urgent copy of this order as per Rules)
Kaushal
