Decided on March 20,2013

Islam And Another Appellant
State of Uttarakhand and others Respondents


- (1.) By means of this writ petition moved under Article 226 of the Constitution of India, the petitioners seek a writ in the nature of certiorari quashing the FIR (annexure 1) dated 25.01.2013 registered as case crime no. 28 of 2013 relating to offences punishable under Section 406 IPC, PS Ranipur, District Haridwar.
(2.) A first information report was lodged by one Jitendra, an employee of South Eastern Carrier Pvt. Ltd. House No. D-3 Shivalik Nagar, Ranipur, Haridwar against the accusedpetitioners on 25.01.2013 in reporting outpost SIDCUl, sub district Sadar, District Haridwar, a regards offence punishable under Section 406 IPC. The allegation was that the accused persons /petitioners committed criminal breach of trust by taking away two trucks along with goods. The accused persons were truck drivers of the truck.
(3.) A compounding application no. 2463 of 2013 is filed on behalf of respondent no. 3, duly identified by his learned counsel and also endorsed by learned counsel for the petitioners. It is stated therein that parties have arrived at a peaceful settlement of dispute. The respondent no. 3 has compounded the offence. An offence punishable under Section 407 (criminal breach of trust by a carrier) may be compounded by the owner of the property in respect of which the breach of trust has been committed. Although, the offence punishable under Section 407 IPC is prima-facie made out on the basis of allegations levelled in the first information report lodged against the petitioners, yet, even if it be conceded for the sake of arguments that the offence punishable under Section 406 IPC is made out, the same may be permitted to be compounded by this Court in exercise of its extraordinary jurisdiction.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.