Uttaranchal High Court: The Bench of Narayan Singh Dhanik J. disposed a compounding application along with a criminal writ petition and quashed the First Information Report filed against the accused applicant on the ground of amicable settlement of the dispute between the parties.
The instant application had been filed for quashing FIR registered against the applicant under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. The accused-applicant and respondent-complainant entered into a compromise whereby the loss suffered by respondent was duly compensated and dispute between both the parties had been amicably settled. The complainant had no grudge or grievance against the accused-applicant and hence he was not interested in further prosecution.
The Court observed that though the complainant can be permitted to enter into the compromise for offences under Sections 406 and 420 IPC, but for the offences under Sections 467, 468 and 471 IPC, the complainant has no right to enter into a compromise with the accused. However, it was opined that in the present case, as the complainant and accused had willingly and amicably arrived at compromise; and complainant was not interested in further prosecution, therefore it would be futile to permit future trial inasmuch as it would not reach to its logical and correct conclusion as there is great possibility of witnesses turning hostile.
In view of the above, compromise arrived at between the parties was accepted and the compounding application was allowed. [Akil Ahmad v. State of Uttarakhand, 2019 SCC OnLine Utt 10, Order dated 16-01-2019]
