SHARANJEET Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The writ petitioners, by means of present Writ Petition, seek to quash the FIR dated 13.04.2017 being Case Crime No. 17 of 2017 (FIR No. 146 of 2017), lodged by respondent no. 3, under Sections 323, 325 and 506 of IPC, Police Station Bazpur, District Udham Singh Nagar.

(2.) A first information report was lodged by respondent no. 3 against the accused persons/writ petitioners for the offences punishable under Sections 323, 325 and 506 of IPC. A compounding application being CRMA No. 3996 of 2017 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 Mannu (petitioner no.3) and Ashok Kumar (respondent no. 3). Respondent no. 3 is present in person before this Court, duly identified by his counsel Mr. Kamal Harbola, Advocate. Petitioners are also present in person, duly identified by their counsel Mr. Mukesh Rawat, Advocate. Respondent no. 3 says that he has no grievance left against the writ petitioners and he is not interested in prosecuting the writ petitioners, in as much as, the dispute has been settled amicably between the parties with the intervention of some elderly persons of the society. In other words, Ashok Kumar (the person aggrieved) has exonerated the present petitioners.

(3.) The question arises for consideration is whether the respondent no. 3 person aggrieved should be permitted to compound the offences under Sections 323, 325 and 506 of IPC against the petitioners or not?