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2020 Supreme(UK) 230

R.C.KHULBE
Shamim Ahmad – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Parikshit Saini, Advocate, A.K. Sah, Advocate, Sachin Panwar, Advocate, Preeeta Bhatt, Advocate, Mohd Safdar, Advocate

JUDGMENT

R.C. Khulbe, J. - By way of present application, moved under Section 482 of Cr.P.C. the applicants seek to quash entire proceedings of Criminal Case No.5211 of 2019 (Case Crime No.326 of 2019), State Vs. Shamim Ahmad and others, under Sections 147, 307, 452, 323 and 504 IPC, P.S. Patel Nagar, District-Dehradun pending in the Court of Additional Chief Judicial Magistrate-1st, Dehradun along with order dated 09.10.2019 in terms of compromise arrived between the parties.

2. The parties have filed a Compounding Application no.68 of 2020 to show that the parties have buried their differences and have settled their disputes amicably.

3. It is contended by learned counsel for the State that the offences punishable under Sections 147, 307 and 452 IPC are not compoundable offences.

4. The Apex Court has dealt with the consequence of a compromise in regard to noncompoundable offences in the case of B.S.Joshi and others vs. State of Haryana and another, (2003) 4 SCC 675 and has held as below

    "If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different mat

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