LAWS(UTN)-2014-9-3

ASHWANI KUMAR Vs. STATE OF UTTARAKHAND

Decided On September 11, 2014
ASHWANI KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) SINCE the aforesaid criminal writ petitions arise out of the same F.I.R., therefore, all three cases are being decided by this common judgment for the sake of brevity and convenience.

(2.) THE petitioners, by means of present Criminal Writ Petitions under Article 226 of the Constitution of India, seek to quash the common F.I.R. in Case Crime no. 149 of 2014, under Sections 420, 466, 467, 468, 471, 323, 504, 506 IPC, P.S. Bhadrabad, District Haridwar. The said FIR was lodged by Som Dutt (herein respondent no. 3) against the accused persons, namely, Ashwani Kumar, Amit Kumar, Shiv Kumar and Shyamo Devi.

(3.) WHEREAS the offences punishable under Sections 323, 504, 506 & 420 IPC are compoundable offences within the scheme of Section 320 Cr.P.C., the other offences are non -compoundable offences. The question is -whether the victim/person cheated should be permitted to compound such offences against the petitioners or not?