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Judgment
N.S. Dhanik, J
The present criminal writ petition has been filed by the petitioners seeking the following reliefs:
(i) A writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 25.04.2021 lodged by respondent no. 3 at
PS Bajpur, District Udham Singh Nagar which has been registered as FIR No. 0158 of 2021, for the alleged offences punishable under Sections 147,
148, 149, 427 & 506 IPC and after investigation Section 323 IPC is added by I.O.
(ii) A writ, order or directions in the nature of mandamus commanding the respondent no. 2 not to take any coercive measures against petitioners
pursuant to impugned First Information Report dated 25.04.2021 lodged by respondent no. 3 at PS Bazpur, District Udham Singh Nagar for the alleged
offences punishable under Section 147, 148, 149, 427 & 506 IPC and after investigation Section 323 IPC is added by I.O.
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 & injured do not have any grievance with the petitioners. In support of compounding application (IA No. 4/2021)
affidavits have been filed by the petitioners and respondent no. 3 & injured.
On 19.05.2021, petitioners were present in the Court through video conferencing duly identified by their respective counsel. Complainant (Satish)
and injured (Rakesh) are present in the Court today through video conferencing, duly identified by their respect counsel. They admit the settlement.
Compounding application bears the signatures/thumb impressions of the petitioners; respondent no. 3 and injured. 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 opposed the compounding application on the ground that Section 149 IPC is non-compoundable.
Learned counsel for the petitioners placed reliance upon the judgments of the Hon’ble Apex Court in Gian Singh v. State of Punjab & Another,
(2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.
Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon’ble Apex Court, the
compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR dated 25.04.2021, registered as FIR No.
0158 of 2021, under Sections 147, 148, 323, 149, 427 & 506 IPC at P.S. Bazpur, District Udham Singh Nagar is quashed in terms of the compromise
qua the petitioners only.
Present Criminal Writ Petition is disposed of finally.