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2022 DIGILAW 162 (UTT)

Naveen Verma v. State of Uttarakhand

2022-06-24

MANOJ KUMAR TIWARI

body2022
JUDGMENT : MANOJ KUMAR TIWARI, J. 1. Heard learned counsel for the parties. 2. By means of this writ petition, petitioner has sought quashing of F.I.R. No. 0108 of 2022, under Sections 406, 420, 467, 468 and 471 of IPC, registered at Police Station Dalanwala, District Dehradun. 3. A compounding application, jointly signed by counsel for respondent no. 4 and counsel for the petitioner has been filed duly supported by affidavits of petitioner and respondent no. 4 (complainant). 4. Learned counsel for the petitioner submits that parties have entered into settlement, therefore, the matter needs to be compounded. He further has drawn attention of this Court to the averment made in Para 2 of supplementary affidavit filed on behalf of petitioner, where it has been stated that, no F.I.R. was lodged against the petitioner before this incident. 5. Learned counsel for respondent no. 4 submits that dispute has now been amicably settled between the parties, therefore, his client wants to close the matter to ensure that peace is restored. 6. Parties were present before this Court on 22.06.2022, who were duly identified by their respective counsels. Both the parties also made a statement that in view of the settlement, they want to close the matter. 7. Learned State Counsel submits that Sections 467, 468 and 471 of I.P.C. are non-compoundable, however, in view of law laid down by Hon’ble Apex Court in case of Gian Singh vs. State of Punjab, the same can be compounded with the leave of this Court. 8. Having regard to the nature of offence and also considering the broad guidelines issued by Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and Narinder Singh and Others vs. State of Punjab and Another, (2014) 6 SCC 466 , request of the petitioners deserves to be acceded to. 9. Since the parties have entered into a compromise, therefore, possibility of the trial resulting into conviction of the accused is remote and bleak and, that being so, continuation of criminal proceedings would visit the accused with great oppression, prejudice and injustice. Rather, it would tantamount to abuse of process of law. Ends of justice would be met if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. Rather, it would tantamount to abuse of process of law. Ends of justice would be met if criminal proceedings are put to an end, because this would allow the parties to translate their decision to live in peace in the reality. The only consideration for the compromise reached between the parties seems to be their desire to burry the hatchet for all times to come. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. 10. In view of above discussion, the writ petition is allowed. F.I.R. No. 0108 of 2022, under Sections 406, 420, 467, 468 and 471 of IPC, registered at Police Station Dalanwala, District Dehradun is hereby quashed along with all the proceedings emanating therefrom. 11. Compounding application is, accordingly, disposed of.