AI Structured Summary
Not yet generated for this judgment
Judgment
Lok Pal Singh, J
The present Criminal Writ Petition has been filed seeking a writ in the nature of certiorari, quashing the impugned FIR No.0142 dated 18.05.2020,
under Sections 147/148/323/504/506 of IPC at P.S. Lal Kuan, District Nainital.
The parties have filed the compounding application. It is contended that the petitioner as well as complainants are residing at the same locality and
now the complainants do not want to prosecute the petitioner and have reached into amicable settlement with the petitioner.
Having considered the facts of the present case that the allegations made in the FIR are general in nature, no offence under Sections 147 and 148 is
made out against the petitioner. So far, the offence under Sections 323, 504 and 506 of IPC are concerned, these are the compoundable offences.
It is further contended in the compounding application that the parties have settled their disputes amicably and prayed that the compounding
application be allowed in the light of the Hon’ble Apex Court’s Judgments in the case of Gian Singh Vs. State of Punjab [(2010) 10 SCC 303]
and in Dimpey Gujral Vs.Union Territory.
It will be a futile exercise, if proceedings of the criminal case against the petitioner are kept pending when the parties have settled their disputes
amicably.
The Compounding Application (CLMA No.3789 of 2020) is allowed. As a consequence thereof, the FIR FIR No.0142 dated 18.05.2020, under
Sections 147/148/323/504/506 of IPC at P.S. Lal Kuan, District Nainital, are hereby quashed.
Proceedings are closed.
