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Judgment
Heard.
On asking of the court, Mr. Amit Chopra, GA waives notice on behalf of respondent No.1.
In this petition under Section 561-A Cr.P.C., the petitioner seeks quashing of the charge sheet No. 65/2011 arising in FIR No. 28/2011 of Police
Station, Pacca Danga, Jammu on the basis of the compromise entered into by the informant therein, herein respondent No.2 and the accused persons
including the petitioner.Â
Copy of the charge sheet is annexed as Annexure A to the petition. On perusal, it reveals that the FIR was registered on the basis of a report lodged
by respondent No.2, who had alleged that in his absence, the petitioner and               co-accused, after having constituted
unlawful assembly, trespassed into his house and abused his family members.Â
Learned counsel for the petitioner, Mr. Zulker Nain Sheikh, states that petition under Section 561-A Cr.P.C has been necessitated for the reason that
offence under Section 147 RPC is non-compoundable so composition could not have been allowed by the learned trial court.Â
Respondent No.2 has come present in person. Learned counsel for the petitioner identifies respondent No.2 in his capacity as the informant in the
aforementioned FIR. Statement of learned counsel is taken on the record.
Since the substantial offences under Sections 451 and 323 RPC are compoundable, the composition for offence under Section 147 RPC can well be
allowed, having regard to the facts and circumstances of the case.
Viewed thus, the charge sheet (supra) is quashed on the basis of compromise between the parties.Â