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2021 Supreme(UK) 21
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
NARAYAN SINGH DHANIK, J.
Perminder Singh and Others – Petitioners
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (Criminal) No. 782 of 2021
Decided On : 19-05-2021
Advocate Appeared:
For the Petitioner: Mr. Lalit Sharma.
For the Respondents: Mr. J.S. Virk, Mr. P.C. Petshali.
Point of Law: Fir quashed - Amicable settlement between parties - Where there is a genuine compromise and there is hardly any likelihood of offender being convicted and continuance of proceedings, after compromise having been arrived at between parties, would be a futile exercise, compromise should be accepted and proceedings should be quashed.
Headnote:
Indian Penal Code, 1860, Secs. 452, 498, 323 and 504 – FIR under – Quashing of – Prayer for – Legality of – Parties filed a joint compounding application – Entered into compromise and amicably settled their dispute – Legal position propounded by Apex Court in Gian Singh v. State of Punjab and another, (2012) 10 SCC 303 – Compromise accepted – FIR quashed – Application allowed. (Paras 3 to 7)
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JUDGMENT :
NARAYAN SINGH DHANIK, J.
1. Heard through Video Conferencing.
2. Present criminal writ petition has been filed by the petitioners seeking the following reliefs:
“(i) Issue a writ or order or direction in the nature of certiorari quashing the FIR dated 06.04.2021, registered as FIR No. 72 of 2021 at PS Nanakmatta, District Udham Singh Nagar, Under Sections 452, 498, 323 and 504 IPC.
(ii) Issue a writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.”
3. Now, parties have filed a joint compounding application being I.A. No. 02 of 2021 stating therein that they have entered into compromise and amicably settled their disputes and now the complainant/respondent no. 3 does not have any grievance with the petitioners. In support of compounding application, affidavits have been filed by the petitioner no. 1 as well as respondent no. 3/complainant-Smt. Harpreet Kaur. Petitioners and respondent no. 3, duly identified by their respective Counsels, are present through Video Conferencing and they ratified the above facts too. Application bears the signature and respondent no. 3. They have further stated that now they have amicably settled their disputes. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.
4. Learned State Counsel raised formal objections to the compounding application stating that offences under Section 498 and 452 are non-compoundable offences.
5. In view of the above, as also the authority of the Hon’ble Apex Court and also the proposition of law laid down by Hon’ble Apex Court in Nikhil Merchant vs. C.B.I. and Others, (2008) 9 SCC 677, B.S. Joshi vs. State of Haryana and Another, (2003) 4 SCC 675 and Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted and the proceedings should be quashed.
6. Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted.
7. Consequently, the impugned FIR dated 06.04.2021 registered as FIR No. 72 of 2021, for the offences punishable under Sections 323, 498, 452, 506 of IPC, at Police Station Nanakmatta, District Udham Singh Nagar, is quashed in terms of the compromise arrived at between the parties.
8. Writ petition stands disposed of accordingly.
