HARVINDER SINGH 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., registered as case crime no. 320 of 2014, under Sections 147, 148, 307, 323, 504, 120B IPC, relating to Police Station Kashipur, District Udham Singh Nagar.

(2.) A Compounding Application (CRMA No. 9140 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. The said application is supported by the affidavits of Rajendra Prasad Shekhawat (petitioner no. 4 herein), Munish Singh (informant/respondent no. 3 herein), Raman Pratap Singh (scribe -respondent no. 4 herein), Jagdish, Ankit Kumar and Kapil Kumar. Injured persons (i.e. Jagdish, Kapil, Ankit & Raman Pratap Singh) and informant -Munish Singh (respondent no. 3 herein) are present in person, duly identified by their counsel Mr. V. Kaparwan. Four of the petitioners, namely, Harvinder Singh, Anil Kumar, Harpreet Singh and Rajendra Singh are also present in person before this Court, duly identified by their counsel Mr. Sandeep Kothari. Petitioners no. 5 & 6 (i.e. Harjeet Singh and Sandeep Kumar Gautam) are in jail in connection with this case. The injured persons submitted that they do not wish to prosecute the petitioners, in as much as, a compromise has taken place between them. They pray that they may be permitted to compound the offences against the petitioners irrespective of the nature of injuries, the criminal writ petition under Article 226 of the Constitution of India be allowed and the proceedings of the aforesaid case crime number be quashed.

(3.) THE only question which is left for consideration of this Court is - whether the injured should be permitted to compound the offence under Section 307 IPC or not? The permission can be granted to the injured to compound the offence punishable under Section 307 IPC in view of the judgment of the Hon'ble Supreme Court in Dimpey Gujral vs. Union Territory through Administrator U.T. Chandigarh and others : 2013(123) AIC 119.