SHYAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Section 482 of Cr.P.C. the applicants seek to quash the charge sheet dated 26.09.2017, summoning order dated 09.10.2017 and the entire proceedings of Sessions Trial No. 258 of 2017 for the offence punishable under Sections 147, 148, 323, 324, 308, 504, 506 and 34 IPC registered at PS Kelakhera District Udham Singh Nagar, pending in the Court of learned Court of First Additional Sessions Judge, Kashipur, District Udham Singh Nagar.

(2.) In support of compounding application (CRMA No. 2373 of 2019), affidavits have been filed by Shri Man Singh (applicant no. 2) who is doing pairvi on behalf of the applicant nos. 1 and 3, by Shri Bhajan Singh (respondent no. 2/complainant, by Shri Lakhwinder Singh (injured) and by Shri Surendra Singh (injured). It has been submitted that the parties have amicably settled their dispute and the injured do not want to prosecute the accused applicants. Applicant nos. 1 to 3, respondent no. 2/complainant and injured, are present in the court today and they are duly identified by their respective counsel. They also admitted the facts mentioned in the compounding application.

(3.) Learned State Counsel opposed the compounding application and contended that offence under Section 308, 147 and 148 of IPC, for which the accused applicants are facing trial, are non-compoundable offences and also submitted that the one of the injuries are grievous in nature.