Criminal proceedings can be compounded by court on the satisfaction that matter has been amicably settled

Uttarakhand High Court

Uttaranchal High Court: A criminal writ petition filed by the petitioners for quashing the FIR registered for offences punishable under Sections 420,120-B and 506 of IPC, was allowed by a Single Judge Bench comprising of V.K. Bist, J.

In addition to the writ petition, a compounding application was also filed by the petitioners. In support of the said application, affidavits were filed by both the parties and it was submitted that they have entered into a compromise and the matter had been amicably settled between them. It was further submitted that the respondent no more wanted to press the case against the petitioners and the parties want to live peacefully in future. It was prayed that the offences mentioned in the FIR may be compounded and the proceedings arising therefrom may be quashed.

The High Court referred to the Supreme Court decision in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and observed that criminal proceedings can be quashed by the Court, if it is satisfied that the matter has been amicably settled between the parties and they are interested to restore peace and harmony between them. On considering the submissions made on behalf of the parties and going through entire material available on record, the Court was satisfied that the matter had been amicably settled between the parties. It was held that the writ petition deserved to be allowed.

Hence, the writ petition was allowed, the above mentioned FIR was quashed and the compounding application was disposed of accordingly. [Rahat Ali v. State of Uttarakhand, 2018 SCC OnLine Utt 156, decided on 07-03-2018]

Join the discussion

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.