Pawan Kumar vs State Of Uttarakhand And Others
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Uttarakhand High Court

Pawan Kumar vs State Of Uttarakhand And Others on 4 December, 2023

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1572 of 2023
                            With
            Compounding Application IA No.1 of 2023

Pawan Kumar                                           ....Petitioner
                                Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
             Mr. B.S. Koranga, Advocate for the petitioner.
             Ms. Manisha Rana Singh, A.G.A. for the State.
             Mr. Deep Chandra, Advocate for the respondent no.3,

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of Case Crime

No.27 of 2023, under Sections 363, 366 IPC, Police Station

Thal, District Pithoragarh, on the basis of amicable settlement

between the parties. A joint compounding application has

been filed along with the affidavits.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 07.10.2023, at 1:00 in

the afternoon, the petitioner enticed the victim, a young girl of

14 years of age. He took her away.

4. It is the case of the petitioner that during

investigation, offence under Section 376 IPC and Section ¾ of

the Protection of Children from Sexual Offences Act, 2012

("the Act"), have also been added by the police.

5. Learned counsel for the parties would submit

that parties have amicably settled the dispute. Therefore, the

matter may be decided.

6. Learned State Counsel would submit that during

investigation, the victim has been recovered from the custody

of the petitioner; she has stated that the petitioner made

physical relations with her; other offences were added during

investigation.

7. Undoubtedly in non compoundable offences as

well, the Court may grant leave to compound an offence. But

then, every case that is brought before the Court may not be

permitted to be compounded. It depends with the gravity of

the offence. In the case of State of Madhya Pradesh Vs. Laxmi

Narayan and Others, (2019) 5 SCC 688, the Hon'ble Supreme

Court has laid down the guidelines for grant of leave to

compound the offences in such matters, and in Para 15.2,

the Hon'ble Supreme Court observed that, "Such power is

not to be exercised in those prosecutions which involved

heinous and serious offences of mental depravity or

offences like murder, rape, dacoity, etc. Such offences are

not private in nature and have a serious impact on

society."

8. Instant is a case of kidnapping and sexual

assault on a young girl of 14 years of age. The petitioner is in

custody under Section ¾ of the Act as well. Here the victim is

a young child. It is a grave offence against the society as well.

Therefore, this Court does not see any reason to grant leave to

compound the offences. Accordingly, the petition deserves to

be dismissed at the stage of admission itself.

9. The petition is dismissed in limine.

(Ravindra Maithani, J.) 04.12.2023 Ravi Bisht