Suresh Negi And Others vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C528 application has been filed by the applicants along with compounding application for quashing the impugned charge sheet dated 22.12.2021 and cognizance order dated 27.04.2022, passed by learned IIIrd Additional Chief Judicial Magistrate, Dehradun and proceedings of Criminal Case No.3015 of 2022, State Vs. Suresh Negi and others, under Sections 420, 467, 468, 471 and 120-B of IPC.

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 are present before this Court, duly identified by their respective Advocates. On interaction with both the parties, they stated that they have settled all their disputes amicably and do not want to prolong the matter any further.

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, by a compromise saying that the applicants shall co-operate with respondent no.2 in a civil litigation, pending between respondent no.2 and Flawrence Rastogi and others in Dehradun, there will be no fruitful purpose 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 2025) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned Charge Sheet dated 22.12.2021 and cognizance order dated 27.04.2022, passed by learned IIIrd Additional Chief Judicial Magistrate, Dehradun and entire proceedings of Criminal Case No.3015 of 2022, State Vs. Suresh Negi and others, under Sections 420, 467, 468, 471 and 120-B of IPC are hereby quashed.

It is also made clear, as an abundant precaution, by this Court that in any case if the applicants failed to abide by terms and conditions of the compromise between the parties, it shall be open to respondent no.2 to make a recall application, to reopen case against the applicants.

C528 application stands disposed-off, in the aforesaid terms.