WPCRL/616/2023
2023 Latest Caselaw 1272 UK

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                                 WPCRL 616/2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Mohd. Safdar, Advocate, for the petitioner.

Mr. Lalit Miglani, Brief Holder, for the State.

Mr. Parikshit Saini, Advocate, for the complainant/respondent no. 3.

(2) Petitioner has filed this writ petition along with compounding application seeking to quash the FIR/Case Crime No. 43/2023, under Sections 420, 467, 468, 471 IPC registered in PS Bahadarabad, District Haridwar, in terms of compromise.

(3) Petitioner and respondent no. 3 (complainant), duly identified by their respective Counsel, appeared through video conferencing. Complainant made a statement that he has entered into an amicable settlement with the petitioner, therefore, he is not interested in prosecuting him and now he does not have any grievance against petitioner. Hence, learned Counsel for the parties submitted that in view of amicable settlement of the dispute, parties may be permitted to compound the offences. (4) Learned State Counsel submits that upon investigation, chargesheet has been filed in this case. It is, however, contended on behalf of petitioner that although Investigation Officer has submitted the chargesheet, but it is lying with Circle Officer concerned and it has not been forwarded to Assistant Prosecuting Officer. Statement to this effect has been made in para 5 of the writ petition.

(5) Learned State Counsel further submits that offences under Sections 467, 468 and 471 IPC are non-compoundable. However, he does not seriously oppose the compounding application. (6) Offences under Sections 467, 468 and 471 IPC are non-compoundable. However, in appropriate cases and in order to bring peace and harmony between the parties, non-compoundable offences 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.

(7) 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. (8) 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/Case Crime No. 43/2023, under Sections 420, 467, 468, 471 IPC in PS Bahadarabad, District Haridwar, is quashed in terms of compromise.

(9) Writ petition stands disposed of accordingly.

(Manoj Kumar Tiwari, J.) 8.5.2023 Pr