MOHAN SINGH RATHORE AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-4-117
HIGH COURT OF UTTARAKHAND
Decided on April 15,2013

Mohan Singh Rathore And Others Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) By way of present criminal writ petition, petitioners seek to quash the FIR dated 04.04.2013 numbered as FIR No. 205 of 2013, as regards the offences punishable under Sections 323, 498A, 504, 506 of IPC, and one punishable under Section 3 And 4 of Dowry Prohibition Act, registered with police station Rudrapur, District Udham Singh Nagar, on the basis of compromise.
(2.) Petitioner no. 1 Mohan Singh Rathore and respondent no. 3 Durga Rathore w/o Mohan Singh Rathore are present in person before the Court duly identified by their counsel. They have submitted an agreement before the Court, whereby the victim said that she is not keen to pursue the prosecution against the accused persons. Mohan Singh Rathore (husband) said that he is willing to take back his wife Smt. Durga Rathore (respondent no. 3) alongwith him.
(3.) An FIR was lodged by Smt. Durga Rathore against her husband and three relatives of the husband on 04.04.2013 in Reporting Outpost Rampura, Rudrapur in respect of offences punishable under Sections 323, 498A, 504, 506 of IPC and under Section 3 And 4 of the Dowry Prohibition Act. The offences under Section 323, 504 and 506 of IPC are compoundable offences under the Scheme of Section 320 of Cr.P.C. Offence under Section 498A of IPC and the one under Section 3 And 4 of the Dowry Prohibition Act are non-compoundable offences. The question is whether the victim should be permitted to compound such offences against the accused persons or not;


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