DILSHAD Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner, by means of present Criminal Writ Petition under Article 226 of the Constitution of India, seeks to quash the impugned F.I.R. registered as case crime no.49 of 2016 under Sections 363, 366-A IPC, Police Station Shyampur, District Haridwar.

(2.) An FIR was lodged by respondent no.3-Shamsher against the petitioner regarding abduction of his daughter-Nazma. Later on, the victim was recovered and a Panchayat took place in which both parties had agreed to bury their differences. Now, a Compounding Application (CRMA No.8600 of 2016) is filed before this Court to show that the parties have settled their disputes amicably. Petitioner (Dilshad), Shamsher (informant) and Nazma (victim) are present in person before this Court duly identified by their respective counsel. Informant-Shamsher and victim-Nazma submitted before this Court that they do not wish to prosecute the petitioner, inasmuch as a compromise has taken place between them. They prayed that they may be permitted to compound the offences against the petitioner, the criminal writ petition under Article 226 of the Constitution of India be allowed and the impugned FIR be quashed.

(3.) Offences complained of against the petitioner are noncompoundable offences within the scheme of Section 320 Cr.P.C. The only question which is left for consideration of this Court is whether the informant & victim should be permitted to compound such offences or not