GOVIND VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR dated 18.09.2013 (annexure -1), registered as Crime No. 107 of 2013, under Sections 420, 467, 468, 471, 120 -B and 506 of IPC, PS Nehru Colony, District -Dehradun.

(2.) A first information report was lodged by respondent no. 3 against five accused persons including the petitioners for the offences punishable under Sections 420, 467, 468, 471, 120 -B and 506 of IPC. A compounding application being CRMA No. 10338 of 2014 has been filed by the parties, to indicate that they have buried their differences and have settled their disputes amicably. A joint compromise application is also filed by them along with affidavits of Govind Verma (petitioner no. 1) and Ramesh Singh (respondent no. 3). Respondent no. 3 is present in person before this Court, duly identified by his counsel Mr. P. C. Petshali, Advocate. Petitioner no. 1, namely, Govind Verma, is also present in person, duly identified by his counsel Ms. Shivangi Gangwar, Advocate. Respondent no. 3 says that he is not interested in prosecuting the petitioners, in as much as, he has already received cheques of Rs. 1,30,000/ -. The said cheques, according to respondent no.3, have already been enchashed. In other words, respondent no. 3 (the person aggrieved) has exonerated the present petitioners.

(3.) WHEREAS some of the offences are compoundable offences within the Scheme of Section 320 of Cr. P.C., the others are not. The question is whether the respondent no. 3 should be permitted to compound the offences under Sections 420, 467, 468, 471, 120 -B and 506 of IPC, against the petitioners or not?