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2021 Supreme(UK) 606

R.C.KHULBE
Subhash Chandra Saxena – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mr. M.K. Ray, learned counsel, for the Appellant; Mr. J.S. Virk, learned Dy.A.G along with Mr. Lalit Miglani, learned A.G.A. and Mr. Sachin Panwar, learned B.H. for the State of Uttarakhand; Mr. V.K. Guglani, learned counsel, for the Respondent.

JUDGMENT

R.C. Khulbe, J. - By way of present application, moved under Section 482 of Cr.P.C., applicant seek to quash the entire proceedings of Criminal Case No.9748 of 2018, "State vs. Nand Kishor and another", pending before the 1st Addl. CivilJudge (S.D.) /Judicial Magistrate Rudrapur, District-Udham Singh Nagar.

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 under Section 420 of IPC is compoundable offence, whereas Sections 467, 468, 471, 120-B IPC are non-compoundable offences.

5. 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, 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 case wheth

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