JUDGMENT

The petitioners who are accused for commission of offences under Sections 328, 403, 34 and 420 IPC, had prayed for quashing of the First Information Report No.474 of 2020, which was registered against them on 15.09.2020 at P.S. Ramnagar, District Nainital.

2. Today, the matter is listed on a Compounding Application No.02 of 2020, as had been preferred by the parties to the writ petition, duly signed by them, as well as by their counsels including their respective affidavits filed in support of the compounding application.

3. A composition application is being opposed by the Government Advocate on the ground that offence under Sections 328 IPC is not compoundable.

4. During pendency of the writ petition the petitioner nos.1 and 3 have been arrested and they are in custody. On account of the fact the offence has now been compounded and the counsel for the petitioners in answer to the objection raised by the Government Advocate with regards to the limitation of compounding offences, which are otherwise held to be not compoundable under Section 320 Cr.P.C., had made reference to a judgment rendered by the Coordinate Bench of this Court in Writ Petition Criminal No.571 of 2014 Vipin Chandra Kandpal & others vs. State of Uttarakhand & others, apart from it even this Court, had an occasion to consider the said aspect and had rendered the judgment reported in 2018 (2) UD, 680 Pan Singh Rana vs. State of Uttarakhand and others.

5. In view of the aforesaid and coupled with the fact that since, the parties do not deny the settlement referred in the compounding application, for composition of the offences complained, the writ petition would stand allowed. The FIR as registered, the details of which has already been referred to above, would stand quash and as a consequence of quashing of aforesaid FIR, the respondent nos.1 and 2 are directed to release petitioner nos.1 and 3, who had been arrested during the pendency of this writ petition.

6. Subject to the above, the writ petition stands allowed.