LAWS(UTN)-2015-3-114

KAMAL RAUTELA Vs. STATE OF UTTARAKHAND AND OTHERS

Decided On March 17, 2015
Kamal Rautela Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) The writ petitioner, by means of present Writ Petition, seeks to quash the impugned FIR No. 65 of 2015 dated 27.02.2015, under Sections 427, 392, 504 and 506 of IPC, lodged by respondent no. 3, at Police Station Ram Nagar, District Nainital.

(2.) A first information report was lodged by respondent no. 3 against the petitioner for the offences punishable under Sections 427, 504, 506 and 392 of IPC. Present Writ Petition along with affidavits of Kamal Rautela (petitioner) and Avinash Singh (respondent no. 3) has been filed by the parties, to indicate that they have buried their differences and settled their disputes amicably. In his affidavit, respondents no. 3 has stated that the dispute with the petitioner has been settled amicably. Respondent no. 3 seeks permission of this Court to compound the offences against the petitioner. He has stated that he is not interested in prosecuting the petitioner. In other words, respondent no. 3 (the person aggrieved) has exonerated the present petitioner.

(3.) Whereas some of the offences 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