Sandeep & Others vs State Of Uttarakhand And Others

N.S. Dhanik, J

The present criminal writ petition has been filed by the petitioners seeking the following reliefs:

(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 488 of 2021, under Sections

323, 307, 452 & 504 IPC, PS Kotwali Lakshar, District Haridwar on the basis of amicable settlement between the party.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in Case Crime No. 488 of 2021,

under Sections 323, 307, 452 & 504 IPC, PS Kotwali Lakshar, District Haridwar.

Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute

and now the respondent no. 3 do not have any grievance with the petitioners. In support of compounding application, (IA No. 1/2021), affidavits have

been filed by the petitioners as well as respondent no. 3.

On 18.06.2021, parties were present before were present before this Court through Video Conferencing, duly identified by their respective

counsels. They admitted the settlement.

Compounding application bears the signatures/thumb impressions of the petitioners and respondent no. 3. It has been further stated by the parties

that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in

terms of the compromise.

Learned State Counsel although opposed the compounding application but admit the fact that the instant case is a no injury case.

Learned Counsel for the petitioners placed reliance on a recent judgment of Hon’ble Apex Court in State ofM adhya Pradesh v. Laxmi

Narayan, (2019) 5 SCC 688, wherein it has been observed as under:

Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against

the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307

IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307

IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307

IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate

parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the

basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are

remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be

permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court

can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future

relationship.â€​

Needless to say, non-compoundable offences cannot be compounded. But considering the fact that the present matter is a no injury case; above

authority of the Hon’ble Apex Court and also the proposition of law laid down by the Hon’ble Apex Court in Nikhil Merchant v. C.B.I. &

Ors, (2008) 9 SCC 677; B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and in Gian Singh v. State of Punjab & Another,

(2012) 10 SCC 303, where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the

proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted.

Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application

is allowed. Compromise arrived at between the parties is accepted. Impugned FIR registered as Case Crime No. 488 of 2021, under Sections 323,

307, 452 & 504 IPC, PS Kotwali Lakshar, District Haridwar is quashed in terms of the compromise qua the petitioners.

Present criminal writ petition stands disposed of accordingly.