NISHANT ARORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE writ petitioners, by means of present Writ Petition, seek to quash the impugned FIR dated 30.07.2013 lodged by respondent no.3, registered as FIR No. 247 of 2013, under Sections 420, 467, 468, 471 of IPC, PS Kichha, District Udham Singh Nagar.

(2.) A first information report was lodged by respondent no. 3 against the writ petitioner and another for the offences punishable under Sections 420, 467, 468 and 471 of IPC. A compounding application being CRMA No. 14631 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 the affidavits of 2 Nishant Arora (petitioner) and Anup Kumar Thukral (respondent no. 3). The Compounding application is also supported by the settlement -deed (annexure -1). Respondent no. 3 is present in person before this Court, duly identified by his counsel Mr. Tarun Pandey, Advocate. Respondent no. 3 says that he is not interested in prosecuting the petitioner, in as much as, he has resolved his disputes with the intervention of some elderly persons of the society and made a prayer to permit him to compound the offences alleged against the accused -applicant. In other words, respondent no. 3 (the person aggrieved) has exonerated the present petitioner. Petitioner, namely, Nishant Arora, is also present in person, duly identified by his counsel Mr. Hemant S. Mahra, Advocate.

(3.) WHEREAS one of the offence, i.e. Section 420 IPC is compoundable offence 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 and 471 of IPC, against the petitioner or not?