Tahir Khan vs State Of Uttarakhand And Others

Narayan Singh Dhanik, J

Present criminal writ petition has been filed by the petitioner seeking the following reliefs:

"(i) Issue a writ or order or direction in the nature of certiorari quashing the impugned first information report dated 01.12.2019 bearing Case Crime No. 316 of 2019 on the basis of compromise for the offences punishable under Section 420 IPC at Police Station I.T.I., District Udham Singh Nagar qua the petitioner.

(ii) Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case."

Now, parties have filed a joint compounding application being IA No. 01 of 2021 stating therein that they have entered into compromise and amicably settled their disputes and now the complainant/respondent no.4 does not have any grievance left with the petitioner. In support of compounding application, affidavits have been filed by the petitioner as well as respondent no. 4 / complainant- Amit Kumar. Petitioner and respondent no. 4, duly identified by their respective Counsels, are present before this Court and they ratify the above facts too. Application bears the signature and respondent no.4. They have further stated that now they have amicably settled their disputes. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in terms of the compromise.

Learned State Counsel submits that the offence under Section 420 IPC is a compoundable offence with the permission of the Court.

In view of the above, as also the 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 and the proceedings should be quashed.

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.

Consequently, the impugned first information report dated 01.12.2019 bearing Case Crime No. 316 of 2019 on the basis of compromise for the offences punishable under Section 420 IPC at Police Station I.T.I., District Udham Singh Nagar, is quashed qua the petitioner in terms of the compromise arrived at between the parties.

Writ petition stands disposed of accordingly.