R.C.KHULBE
RAGHAV MEHRA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Hon'ble R.C. Khulbe, J.
By means of this writ petition, filed under Article 226 of the Constitution of India, petitioners seek to quash the impugned FIR bearing No.0025 of 2021 registered under Sections 308, 326, 324, 325, 323, 504, 506 and 34 of IPC at P.S. Mussoorie, District Dehradun.
2. The parties have filed the above-numbered compounding application to show that they have buried their differences and have settled their disputes amicably. They are also present before the Court today being duly identified by their respective counsel.
3. Learned counsel for the State opposes the compounding application.
4. It is contended by learned counsel for the writ petitioners that the offences punishable under Sections 323, 324, 325, 504, 506 IPC are compoundable whereas offences under Sections 308, 326, 34 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:-
“6. In Pepsi Food Ltd. & Anr. v. Special Judicial Magistrate & Ors. [(1998) 5 SCC 749], this Court with reference to Bhajan Lal's
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