IMRAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C., along with compounding application, is preferred to quash the summoning order dated 29.07.2019 passed by District and Session Judge, Haridwar in Criminal Complaint Case No. 274 of 2018, "Smt. Krishna vs. Inaam and others" under Sections 147, 148, 149, 307, 504 and 506 of IPC and Section 3 (1) 10 SC/ST Act, registered at P.S. Ranipur, District Haridwar, pending in the Court of learned District and Session Judge, Haridwar.

(2.) In the joint compounding application, duly supported by the affidavits of accused applicant no. 2 and the respondent nos. 2 and 3, it has been stated that parties have amicably settled their dispute and the victims do not want to prosecute the accused. Accused applicants Imran and Momin as well as the Smt. Krishna (respondent no. 2/ complainant) and Mainpal (injured), duly identified by their respective Counsel, are present before this Court today and they admitted that they are entered into compromise. Compounding application bears the signatures/thumb impressions of all the accused applicants and the complainant as well as the victim.

(3.) Learned State Counsel opposed the compounding application and contended that offences under Sections 147, 148, 149 of IPC & 3 (1) 10 SC & ST Act, for which the accused applicants are facing trial, are non-compoundable. Emphasis of the learned State Counsel is on the offence under Section 307 IPC.