LAWS(UTN)-2014-8-65

GAURAV KUMAR Vs. STATE OF UTTARAKHAND

Decided On August 08, 2014
Gaurav Kumar Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) THE writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR No. 12 of 2014, under Sections 452, 354, 323, 504 of IPC, dated 19.05.2014 (annexure -1), lodged by petitioner no. 3, at Police Station Cantt, RPO - Bindal, District Dehradun.

(2.) A first information report was lodged by respondent no. 3 against the petitioner for the offense punishable under Sections 452, 354, 323, 504 of IPC. A compounding application is filed by the parties to indicate that they have buried their differences and settled their disputes amicably. The compounding application is supported by the affidavit of writ petitioner and respondent no.3. 2 Respondent no. 3 is present in person, duly identified by her counsel Mr. Rajesh Sharma, Advocate. She says that she is no more interested in prosecuting the petitioner, in as much as, the dispute has amicably been settled with the intervention of few elderly persons. The petitioner is also present in person, duly identified by his counsel Mr. Lalit Sharma.

(3.) WHEREAS offences punishable under Section 504 and 323 of IPC are compoundable offences within the Scheme of Section 320 of Cr. P.C., the other offences are not. The question is whether the petitioner no. 3 should be permitted to compound the offences complained of against the petitioner or not?