Pankaj Purohit, J
1. By means of this writ petition, petitioners have put a challenge to the First Information Report No.0734 of 2024 under Sections 109(1), 190, 191(2), 191(3) of Bhartiya Nyaya Sanhita, 2023 dated 27.08.2024 registered with Police Station Manglore, District Haridwar annexure 1 to the writ petition. Alongwith the writ petition a joint compounding application has been moved by the petitioners as well as respondent no.3-Sahdat Ali/informant supported by affidavit, wherein it has been stated that respondent no.3 does not want to pursue the matter any further.
2. All the petitioners except petitioner no.9 as well as respondent no.3-informant are present before this Court. They are duly identified by their respective counsel. Petitioner no.9 could not appear before this Court as he cannot travel due to his ligament operation done on 14.10.2024. His presence is exempted.
3. On intervention of the elders of the locality and the family members, the parties have entered into compromise and they are ready to compound the offence alleged against the petitioners.
4. Learned counsel for the petitioners submits that the FIR can be quashed on the basis of the Compounding Application No.01 of 2024 as it is a case where there is no injury sustained to any of the persons from the side of respondent no.3 as well as petitioners.
5. Per contra, learned counsel for the respondents-State orally submits that all the offences alleged in the first information report are non-compoundable and, therefore, the offence cannot be compounded. Moreover, the petitioners are involved in serious crime including offence under Section 109(1) i.e. 307 IPC.
6. In order to repel the argument advanced by learned counsel for the respondents-State, learned counsel for the petitioners pressed into service the judgment reported in (2014) 6 Supreme Court Cases 466 Narinder Singh and Others vs. State of Punjab & Another wherein the Hon’ble Supreme Court has allowed the compounding application for the offence under Section 307 of IPC where there was no injury caused.
7. I have perused the judgment referred by learned counsel for the petitioners.
8. Having considered the rival contention of learned counsel for the parties and having perused the compounding application supported by the affidavits, this Court is of the opinion that in the light of the judgment referred by learned counsel for the petitioners, the compounding application deserves to be allowed.
9. Accordingly, the compounding application is allowed. The First Information Report No.0734 of 2024, impugned in the writ petition, under Sections 109(1), 190, 191(2), 191(3) of Bhartiya Nyaya Sanhita, 2023 dated 27.08.2024 registered with Police Station Manglore, District Haridwar is hereby quashed and the entire proceedings pursuant to the aforesaid FIR shall also stand quashed.
10. Consequently, criminal writ petition also stands disposed of.
11. Pending application, if any, stands disposed of.
