Uttarakhand High Court
WPCRL/482/2021 on 26 March, 2021
Author: N.S. Dhanik
Bench: N.S. Dhanik
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WPCRL No. 482 of 2021
Hon'ble N.S. Dhanik, J .
Mr. Manav Pandey, learned counsel for the petitioners.
Mr. Pramod Tiwari, learned Brief Holder for the State.
Mr. Mayank Sharma, learned counsel for the private respondents.
Respondent no. 3 has lodged the FIR No. 0038 of 2021 dated 05.02.2021 with PS Bazpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 307, 323, 452 and 506 IPC against the petitioners.
Along with the petition, a joint compounding application has been filed. In support of the compounding application, affidavits have been filed by the first petitioner (Harpreet Singh) who is doing pairvi on behalf of the other petitioners also, by the third respondent (Netrapal Sharma), by the fourth respondent (Ravindra Sharma) and by the fifth respondent (Sojanya Sharma).
Except the fifth respondent, all accused petitioners as well as respondent nos. 3 to 4, duly identified by their respective Counsel, were present before the court on 16.03.2021 and they admitted that they have entered into compromise.
Today, respondent no. 5 is present before this Court, duly identified by his counsel and admitted the compromise.
Learned State Counsel opposed the compounding application on the ground that the injury is grievous in nature. Learned Counsel for the petitioners also contended that the injury is not dangerous for life. Learned Counsel placed reliance on a recent judgment of Hon'ble Apex Court in State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688, wherein it has been observed as under:
"Offences under Section 307 IPC would fall in the category of heinous and serious offences and therefore are to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. Medical report in respect of injuries suffered by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the latter case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship."
Needless to say, non-compoundable offences cannot be compounded. But considering the nature of injuries, above authority of the Hon'ble Apex Court and also the proposition of law laid down by the Hon'ble Apex Court in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 677; B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303, where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted and the proceedings should be quashed.
Considering the facts and circumstances of the case and the legal proposition propounded by the Hon'ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR No. 0038 of 2021 dated 05.02.2021 with PS Bazpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 307, 323, 452 and 506 IPC is hereby quashed in terms of the compromise.
Writ petition stands disposed of accordingly.
Let a certified copy of this order be supplied to learned counsel for the parties, within 24 hours, on payment of usual charges.
(N.S. Dhanik, J.) 26.03.2021 SB