The single judge bench of Justice Ravindra Maithani of the Uttarakhand High Court held that Compounding in non-compoundable offenses may be permitted by this Court under Article 226 of the Constitution of India.
Brief facts
The factual matrix of the case is that according to the informant, the nephew of Respondent No. 3 committed suicide, and the suicide note was also found along with this. As per the suicide note, the deceased was told by the Petitioner to take his parents from his house and due to this he committed suicide. The present application is filed in order to quash the FIR registered under Section 306 of the IPC.
Contention of the Petitioner
The learned counsel appearing on behalf of the Petitioner contended that it is a family dispute and merely on the basis of the suicide note the FIR is registered.
Contention of the State
The learned counsel appearing on behalf of the state contended that it is not a compoundable offense. The counsel relied upon the judgment titled Madhya Pradesh Vs. Laxmi Narayan and Others.
Observations of the court
The Hon’ble Court observed that the Court may permit compounding in non-compoundable offenses in accordance with Article 226 of the Constitution of India. Furthermore, the basic rule is that compounding in heinous offenses is not permissible.
It was noted that it is a case of suicide by a young boy and the court doesn’t intend to go into the merit of the case whether it was a case of abetment to suicide or not, however, definitely it is not a case of grave offense.
Based on these considerations, the court was of the view that on the basis of an amicable settlement between the parties. The FIR deserves to be quashed.
The decision of the court
With the above direction, the court allowed the Petition.
Case Title: Sanjeev Kumar Verma and Another Vs State of Uttarakhand and Others
Coram: Hon’ble Mr. Justice Ravindra Maithani
Case No.: Criminal Writ Petition No. 1187 of 2023 With Compounding Application IA No.1 of 2023
Advocate for the Petitioner: Mr. Vaibhav Singh Chauhan, Advocate
Advocate for the State: Mr. K.S. Rawal, A.G.A.
Advocate for the Respondents: Mr. Pranav Singh, Advocate
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