R.C.KHULBE
Bimla Devi Pant – Appellant
Versus
State Of Uttarakhand – Respondent
JUDGMENT
R.C. Khulbe, J. - By way of present application, moved under Section 482 of Cr.P.C., applicants seek to quash the proceedings of Crl. Case No.2581 of 2015, Smt. Kavita Pant v. Trilochan Pant and others, pending before the Additional Chief Judicial Magistrate, Haldwani (Nainital).
2. The parties have filed the above-numbered compounding application to show that they have buried their differences and have settled their disputes amicably.
3. Learned counsel for the State opposed the compounding application.
4. It is contended by learned counsel for the applicant that the offences punishable under Sections 323 and 506 IPC are compoundable offences whereas Section 498-A IPC and 3/4 of the D.P. Act are noncompoundable offences.
5. 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 matter depending upon the facts and circumstances of each
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