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Judgment
N.S. Dhanik, J
The present criminal writ petition has been filed by the petitioners seeking the following relief:
(i) Issue a writ, order or direction quashing the impugned FIR dated 19.01.2021, registered as FIR No. 0045 of 2021, under Sections 279 & 427 IPC at
P.S. Ramnagar, District Nainital.
Now, parties have filed the joint compounding application stating therein that they have entered into compromise and amicably settled their dispute
and now the respondent no. 3 does not have any grievance with the petitioners. In support of compounding application (IA No. 1/2021), affidavits
have been filed by the petitioners and respondent no.3
Petitioner no. 1 (Manoj Kumar), Petitioner no. 2 (Kasim) and respondent no. 3/complainant (Deepak Kumar) is present before this Court through
video conferencing duly identified by their respective counsels. They admit the settlement.
Compounding application bears the signatures/thumb impressions of the petitioners and respondent no. 3. It has been further stated by the parties
that now they have amicably settled their dispute. Therefore, learned Counsel for the parties have submitted that the impugned FIR be quashed in
terms of the compromise.
Learned State Counsel opposed the compounding application on the ground that Section 279 IPC is non-compoundable.
Learned counsel for the petitioners placed reliance upon the judgments of the Hon’ble Apex Court in Gian Singh v. State of Punjab & Another,
(2012) 10 SCC 303 B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC.
Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon’ble Apex Court, the
compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned FIR dated 19.01.2021, registered as FIR No.
0045 of 2021, under Sections 279 & 427 IPC at P.S. Ramnagar, District Nainital is quashed in terms of the compromise qua the petitioners only.