WPCRL/1355/2022
2022 Latest Caselaw 2180 UK

SL.             Office Notes,
No.   Date   reports, orders or                COURT'S OR JUDGE'S ORDERS
              proceedings or
               directions and
             Registrar's order
              with Signatures
                                  IA No. 1 of 2022
                                  In
                                  WPCRL No. 1355 of 2022
                                  Shri Sanjaya Kumar Mishra, J.

Mr. Aditya Singh, learned counsel for the petitioner.

Mr. J. S. Virk, learned Deputy Advocate General with Ms. Manisha Rana Singh, learned A.G.A. for the State of Uttarakhand.

Ms. Manisha Bhandari, learned counsel for the caveator.

The petitioners are present, who are accused in this case and respondent no. 3 is also present before this Court.

This writ petition has been filed by the petitioners for quashing the FIR dated 23.06.2022 being FIR No. 355 of 2022 registered under Sections 420, 467, 468, 471, 504 and 506 of I.P.C by the respondent no. 3 at P.S. Kashipur, District - Udham Singh Nagar.

Parties are present, in person, before this Court and they are duly identified by their respective counsel.

I have also inspected their Aadhar Cards. Xerox Copies of Adhar Cards duly signed by the parties and counter signed by their respective counsel are taken on record.

Learned counsel for the State objects to the application for compromise in consequence of the FIR on the ground that Sections 467, 468 and 471 of IPC are not compoundable. However, in view of the fact that compounding of an offence under Section 320 of the Code and quashing of an FIR on the basis of compromise are two different things. Though, it is 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.

This case does not fall under category of cases excepted by the Hon'ble Supreme Court in the two judgments i.e. Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688 for compromise, therefore, there is no impediment in allowing the compromise application.

Since the parties have entered into compromise, no useful purpose would be served to continue with the investigation and direct for the trial of the case.

Accordingly, the writ petition is allowed in view of the compromise arrived at between the parties and the FIR against the petitioners is hereby quashed.

Compounding application (IA No. 1 of 2022) stands disposed of.

(S.K. Mishra, J.) 20.07.2022 (Urgent certified copy as per Rules) A/-