MAHIPAL SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Having heard learned Counsel for the parties and on going through the papers on record, it transpires that an FIR was lodged by Mr. Atual Puri, who is an Instructor in Government Industrial Training Centre, Quarela, which comes within the territorial jurisdiction of Tehsil Bhikiasain, District Almora. Accused petitioner Mahipal Singh committed the incident on 20.8.2012 in the institute and created chaos and turmoil including breaking of windowpanes. He also threatened to kill Mr. Puri. So, the impugned FIR was lodged by Mr. Puri against the accused petitioner Mahipal Singh.

(2.) Now, Mahipal Singh and Atul Puri have jointly filed this compounding application duly supported by their respective affidavits. They are also present in person before this Court and have been identified by their respective Counsel. It has been stated that both of them have amicably settled their dispute. So, request has been made to quash the impugned FIR on the basis of this compromise.

(3.) Complainant Mr. Puri can be permitted to enter into the compromise for the offences under Section 427, 504, 506 IPC, but for the offences under Section 452 IPC and Section 2/3 of the Prevention of Damage to the Public Property Act, Mr. Puri has no right to enter into the compromise with the accused petitioner. However, in the above circumstances, as both of them have willingly compromised with each other and are not interested in further prosecution, it would be futile to permit the future trial, if any, (as the matter is still under investigation) inasmuch as it will not reach to its logical and correct conclusion as the witnesses will turn hostile.