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2020 Supreme(UK) 360

R.C.KHULBE
Bheem Singh – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Kishore Rai, Advocate, Rakesh Joshi, Advocate, Mani Kumar, Advocate

JUDGMENT

R.C. Khulbe, J. - Shri Kishore Rai, learned counsel for the petitioner.

2. Shri Rakesh Joshi, learned Brief Holder for the State of Uttarakhand.

3. Shri Mani Kumar, learned counsel for the private respondent.

4. Heard.

5. This petition has been filed under Article 226 of the Constitution of India for quashing the FIR No.11 of 2020 registered at P.S. Kichha (U.S. Nagar) under Sections 323, 324, 504 and 506 of IPC.

6. During pendency of this petition, compounding application (CLMA 7550 of 2020) has been moved on behalf of both the parties, which is identified by their respective counsel.

7. Learned counsel for the State fairly submitted that, although the FIR has been lodged under Section 323, 324, 504 and 506 of IPC, but during investigation, no case is found to have been made out against the petitioners under Section 324 IPC.

8. It is contended by learned counsel for the applicants that the offences punishable under Sections 504 and 506 IPC are compoundable offences while the offence u/s 324 IPC is a non compoundable offence.

9. The Apex Court has dealt with the consequence of a compromise in regard to non-compoundable offences in the case of B.S.Joshi and others vs. State

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