GURBEER SINGH Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) The writ petitioner, by means of present writ petition, seeks to quash the impugned FIR No. 28 of 2015, dated 8.3.2015, under section 354 IPC, lodged by respondent No. 3, at Police Station Mukhani, Haldwani, District Nainital. A compounding application being CLMA No. 3729 of 2015 has been filed by the parties to indicate that they have buried their differences and have settled their disputes amicably. A joint compromise application has also been filed by them along with affidavits of Gurbeer Singh (petitioner No. 1) and Khashti Devi (respondent No. 4). Khashti Devi (respondent No. 4) is present in person before this Court, duly identified by her Counsel Mr. Sanjay Bhatt, Advocate. Petitioner is also present in person, duly identified by his Counsel Mr. Lalit Sharma, Advocate. Respondent No. 4 (Khashti Devi) says that she has no grievance left against the writ petitioners and she is not interested in prosecuting the petitioner, inasmuch as, the dispute has been settled amicably between the parties with the intervention of some elderly persons of the society. Respondent No. 3 who lodged the criminal law into motion also affirms in the same vein.

(2.) Offence under section 354 is compoundable offence within the Scheme of section 320 of Cr.P.C. The question is- whether the respondent No. 4 should be permitted to compound the offence complained of against the petitioner or not?

(3.) Learned Counsel for the parties drew the attention of this Court towards the ruling of Gian Singh v. State of Punjab and another, 2013 1 SCC(Cri) 160 in which Hon'ble Supreme Court has observed as below: