Nikhil Khanna & Others vs State Of Uttarakhand & Others

Manoj K. Tiwari, J

Heard learned counsel for the parties.

By means of this writ petition, petitioners have sought quashing of F.I.R. No. 329 of 2021, registered under Sections 323, 498-A, 504 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act at Police Station Kichha, District Udham Singh Nagar.

A compounding application, jointly signed by counsel for respondent no. 3 and counsel for the petitioners has been filed duly supported by affidavits of petitioner no. 1 and respondent no. 3 (complainant).

Learned counsel for the petitioners submits that parties have entered into settlement, therefore, the matter needs to be compounded.

Learned counsel for respondent no. 3 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.

Petitioners and respondent no. 3 (complainant) were present before this Court on 06.06.2022, who are duly identified by their respective counsels.

Learned State Counsel submits that all the offences are compoundable.

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 reported in (2012) 10 SCC 303 and Narinder Singh & others Vs State of Punjab & another reported in (2014) 6 SCC 466, request of the petitioners deserves to be acceded to.

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. 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.

In view of above discussion, the writ petition is allowed. F.I.R. No. 329 of 2021 registered under Sections 323, 498-A, 504 & 506 of I.P.C. and Section 3/4 Dowry Prohibition Act at Police Station Kichha, District Udham Singh Nagar, is hereby quashed along with all the proceedings emanating therefrom.

Compounding application is, accordingly, disposed of.