WPCRL/634/2023
2023 Latest Caselaw 1307 UK

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                               WPCRL No. 634 of 2023
                               Hon'ble Manoj Kumar Tiwari, J.

Mr. Alok Kumar, Advocate, holding brief of Mr. Mukesh Pathak, Advocate for the petitioner.

Ms. Sonika Khulbe, Brief Holder for the State of Uttarakhand.

Mr. Anmol Vashistha, Advocate for respondent nos. 3 & 4.

2. Heard learned counsel for the parties.

3. By means of present writ petition, petitioner has prayed for quashing of F.I.R. No. 79 of 2023 dated 01.04.2023 registered under Sections 365,376(3), 363, 366(A) IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 at Police Station Lalkuan, District Nainital.

4. It is contended by learned counsel for the petitioner that parties have amicably settled the dispute, therefore, matter may be compounded.

5. Learned counsel for respondent nos. 3 & 4 also submits that in view of settlement arrived at between the parties, the matter may be compounded.

6. Learned State Counsel, however, objects to the said submission and states that the offences are not only non- compoundable, but, the crime committed by petitioner is heinous in nature and it is a crime against society.

7. This Court finds substance in the contention raised on behalf of the State.

8. Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab, reported in (2012) 10 SCC 303 has held that the power under Section 482 Cr.P.C. or Article 226 of the Constitution cannot be invoked for compounding crimes against society. Crime alleged to have been committed by petitioner falls in that category of cases, which cannot be compounded by this Court, even by exercising its extraordinary powers.

9. Even otherwise also, the relief prayed by petitioner cannot be granted, in view of law laid down by Hon'ble Supreme Court in the case of M/s Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others; reported in AIR 2021 SC 1918 and none of the parameters set out in the said judgment are made out for quashing the impugned FIR.

10. In such view of the matter, there is no scope for interference in the matter.

11. Accordingly, writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 10.05.2023 Navin