GOVIND SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The writ petitioner, by means of present Writ Petition, seeks to quash the impugned FIR No. 23 of 2014, under Sections 147, 323, 504, 506 of IPC and Section 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the SC / ST Act), lodged by respondent no. 3, at Police Station Revenue Police Area Nainwal Pali, Tehsil Bhikyasain, District Almora.

(2.) A first information report was lodged by respondent no. 3 against six accused persons including the present petitioner for the offences punishable under Sections 147, 323, 504, 506 of IPC and Section 3 (1) (X) of the SC & ST Act. A compounding application being CRMA No. 408 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 is also filed by them along with affidavits of Govind Singh (petitioner) and Puran Chandra (respondent no. 3). Respondent no. 3 (victim) is present in person before this Court, duly identified by his counsel Mr. D. N. Sharma, Advocate. Petitioner Govind Singh is also present in person, duly identified by his counsel Mr. Prem Kaushal, Advocate. Respondent no. 3 says that he is not interested in prosecuting the petitioner, in as much as, the dispute has been settled amicably by them. 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 others are not. The question is whether the respondent no. 3 should be permitted to compound the offences under Sections 147, 323, 504, 506 of IPC and Section 3 (1) (X) of the SC & ST Act against the petitioners or not