IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Compounding Application (CLMA 1124/2019)
Writ Petition (Criminal) No. 112/2019
Akil Ahmad …….Applicant/petitioner
State of Uttarakhand & Others ……Respondents
Mr. Mani Kumar, Advocate, for the applicant/petitioner.
Mr. P.S. Bohra, AGA, for the State.
Mr. D.P. Mittal, Advocate, for the complainant/respondent no. 3.
January 16, 2019
Hon’ble Narayan Singh Dhanik. (Oral)
Present writ petition along with the compounding application has been filed for quashing the FIR No. 149/2018 under Sections 406, 420, 467, 468, 471 IPC, PS Rudrapur, District Udham Singh Nagar.
Petitioner Akil Ahmad and the complainant/respondent no. 3 Raj Kumar Saini, duly identified by their respective Counsel, are present in person before this Court.
Compounding application is duly supported by the affidavits of the petitioner Akil Ahmad as well as the complainant Raj Kumar Saini wherein it has been stated that parties have entered into compromise and loss has been compensated to the complainant and the dispute between the petitioner and the complainant has amicably been settled and now, the complainant has no grievance or grudge against the accused /petitioner and, therefore, he is not interested in prosecuting the petitioner.
Complainant admits the above facts. So, request has been made to quash the impugned FIR on the basis of this compromise.
Though the complainant can be permitted to enter into the compromise for the offences under Section 406 and 420 IPC, but for the offences under Section 467, 468 and 471 IPC, complainant has no right to enter into the compromise with the accused petitioner. However, in the above circumstances, as the complainant and the petitioner both have willingly and amicably arrived at the compromise and now the complainant is not interested in further prosecution, it would be futile to permit the future trial, if any, (as the matter is still under investigation) inasmuch as it will not reach to its logical and correct conclusion as there is great possibility that the witnesses will turn hostile.
In the above facts and circumstances, compounding application is allowed. Compromise arrived at between the parties is accepted. Consequently, the impugned FIR No. 149/2018 under Sections 406, 420, 467, 468, 471 IPC, PS Rudrapur, District Udham Singh Nagar is hereby quashed.
Present writ petition stands disposed of accordingly.
Urgency application (IA 714/2019) also stands disposed of.
(Narayan Singh Dhanik, J.) Vacation Judge Prabodh