NARENDAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners, by means of present Criminal Writ Petition under Article 226 of the Constitution of India, seek to quash the impugned F.I.R. no. 113/2014, under Sections 147, 148, 149, 452 & 506 IPC, Police Station Bazpur, District Udham Singh Nagar.

(2.) AN FIR was lodged by respondent no. 3 against the petitioners. Respondent no. 3 -victim is present in person, duly identified by his counsel Mr. Tara Dutt Joshi. Some of the petitioners, namely, Narendra Sharma, Surendra Singh and Dharam Singh Saini are also present in person before this Court, duly identified by their counsel Mr. Rajesh Joshi. Respondent no. 3 submitted that he does not wish to prosecute the petitioners, in as much as, a compromise has taken place between them. He prayed that he may be permitted to compound the offences against the petitioners and the criminal writ petition under Article 226 of the Constitution of India be allowed and the proceedings of the aforesaid case be quashed. An application dated 14.05.2014 (Annexure -2 to the petition) addressed to the S.H.O., Police Station Bazpur has also been filed before this Court to show that the dispute between the parties have been settled.

(3.) THE permission can be granted to the informant to compound the offences in view of the judgment of the Hon'ble Supreme Court in Dimpy Gujral vs. Union Territory through Administrator U.T. Chandigarh and others : 2013(123) AIC 119. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another : (2013) 1 SCC (Cri.) 160 has observed as follows: -