Pawan Chaubey Alias Pawan Kumar Chaubey v. State of U. P. Thru Secy.
2015-07-06
V.K.SHUKLA, VIJAY PRAKASH PATHAK
body2015
DigiLaw.ai
JUDGMENT Heard learned counsel for the petitioners and learned AGA for the state. 2. Pawan Chaubey @ Pawan Kumar Chaubey and Sachin Tripathi are before this Court seeking quashing of the first information report dated 3.4.2015 registered as Case Crime No. 81 of 2015 under Sections 386/506 IPC at police station Shivpur, district Varanasi. 3. We have the occasion to peruse the first information report and as far as first information report goes it clearly proceeds to make a mention that there has been element of extortion and in the said direction demand has also been made as first informant happens to be the contractor and executing contract work in the jail premises. Once such a factual situation is coming forward, then there is no occasion before us to entertain the request of petitioners for quashing of the FIR in question, in view of this, no case for quashing of the first information report is made out and prayer made in that regard is rejected. 4. Learned counsel for the petitioners next contended that, in the present case, inter-se parties compromise has been entered upon and, in view of this, this Court should come to rescue and reprieve of the petitioners. 5. The offence under Section 386 of IPC is not a compoundable offence and the said offence, even with the permission of the court concerned, is not compoundable by any means. Once such is the factual situation, then merely because the parties to the dispute have proceeded to entered into compromise, this Court cannot accord any relief to petitioners as the offence in question is primarily an offence against the society, not against an individual. Writ petition sans merit and same is dismissed, accordingly.