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2021 Supreme(UK) 602

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


Advocates Appeared:
Mr. Abhishek Joshi, learned counsel, for the Appellant; Mr. J.S. Virk, learned D.A.G. along with Mr. Sachin Panwar, learned B.H. for the State of Uttarakhand; Mr. Mukesh Singh Rawat, learned counsel, for the Respondent.

JUDGMENT

R.C. Khulbe, J. - This criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant to compound the instant matter in FIR No. 0428 of 2017, "State vs. Gokul Singh Nagarkoti" for the offence punishable under Sections 354D, 323, 504 and 506 IPS registered at P.S. Haldwani, District Nainital and to quash the said criminal proceedings and set aside the criminal appeal pending in Criminal Case No. 156 of 2018 pending in the court of learned Court of District and Sessions Judge, Nainital.

2. The parties have filed the above-numbered compounding application 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 offence punishable under Sections 323, 504 and 506 IPC are compoundable offences while offence punishable under Sections 354D IPC is non-compoundable.

4. 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 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, Sect

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