Riyasat Ali vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C482 application has been filed by the applicant along with compounding application for quashing the impugned charge sheet dated 21.04.2023 and summoning order dated 28.04.2023 along with entire proceedings of Criminal Case No.972 of 2023, State Vs. Yogesh Dhiman and others, under Sections 419, 420, 467, 468, 471 and 120-B of IPC, registered with Police Station Ranipur, District Haridwar, pending before learned Judicial Magistrate Ist, Haridwar.

For the said purpose, a joint compounding application has been moved by the parties, supported by their respective affidavits, in which it has been narrated by both the parties that they have settled their dispute and do not want to proceed with the instant criminal proceedings.

Parties were present before this Court on 04.04.2024, duly identified by their respective Advocates and their presence was not required on the next date i.e., 29.04.2025 as per the order passed by Co-ordinate Bench of this Court.

On interaction with Co-ordinate bench both the parties, on the last date, stated that they have settled all their disputes amicably and do not want to prolong the matter any further and the amount of ₹6,00,000/- was handed-over by the applicant to respondent no.2 in Court and apart from that amount ₹4,00,000/- were paid earlier to respondent no.2 and he admitted that he now received entire amount involved in the present criminal case, therefore, he does not want to pursue the case anymore.

It is contend in the compounding application that the parties have came to terms and the money involved in the case has been paid and the rest of the amount he wants to pay to respondent no.2, therefore the matter may be closed in terms of compromise entered into between the parties.

From order dated 04.04.2024, it is clear that the Co-ordinate Bench has taken note of the fact that the entire amount has been paid and in the same order, it is stated that the parties need not to appear on the next date.

Per contra, learned counsel for the State has formally objected to the compounding application in view of offences being non-compoundable in the present case.

So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003) 4 SCC 675 and has held as below: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”

Having considered the submission made by learned counsel for the parties, this Court is convinced that once the parties have decided to settle their dispute amicably, no fruitful purpose would be served to ask the parties to face the trial, in a case, which would ultimately result into acquittal as the said exercise would be a futile exercise between the trial court, given the compromise entered between the parties.

Accordingly, Compounding Application (IA No.1 of 2023) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned charge sheet dated 21.04.2023 and summoning order dated 28.04.2023 along with proceedings of Criminal Case No.972 of 2023 (Case Crime No.300 of 2022), under Sections 419, 420, 467, 468, 471 and 120-B of IPC, registered with Police Station Ranipur, District Haridwar, pending before learned Judicial Magistrate Ist, Haridwar is hereby quashed, qua, the applicant.

C482 application stands disposed-off, in the aforesaid terms.