VARUN KUMAR AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) On an FIR lodged by complainant / informant Ashraf Ali on 13.08.1999 in police station Gang Nahar, Roorkee against Varun Kumar and Yogendra alias Yogi for the offences punishable under Sections 324, 504 of IPC, investigation started. After the investigation, chargesheet was submitted against both the accused in respect of offences punishable under Sections 307, 324 and 504 of IPC. The accused persons underwent trial. They were convicted under Sections 307 and 504 of IPC and were sentenced appropriately. Aggrieved against said order dated 07.10.2002, both the convicts preferred criminal appeal no. 68 of 2002, which was partly allowed. While the conviction of the accused-appellants under Section 307 of IPC was affirmed, the appeal in respect of offence punishable under Section 504 of IPC was set aside vide order dated 14.02.2007. Aggrieved against the conviction and sentence, present criminal revision was preferred by the revisionists Varun Kumar and Yogendra alias Yogi.

(2.) A Compounding Application CRMA No. 767 of 2013 is filed by the informant as well as the injured for permission to compound the offence punishable under Section 307 of IPC against the accused-revisionists. Ashraf Ali (complainant) alongwith Firoz (injured) are present in person before the Court, duly identified by their counsel Mr. Pramod Tiwari, Advocate. Accused-revisionists Varun Kumar and Yogendra alias Yogi are also present in person before the Court, duly identified by their counsel Mr. Rajendra Singh, Advocate. Firoz (injured) and Ashraf Ali (complainant) submitted before this Court that they are not interested in prosecuting the accusedrevisionists. They said that they have amicably settled their dispute out of Court with the intervention of few gentlemen and therefore, they don't want the accusedrevisionists to be send behind bar.

(3.) Offence punishable under Section 307 of IPC is non-compoundable offence within the scheme of Section 320 of Cr.P.C. The question is whether, the injured should be permitted to compound the offence punishable under Section 307 of IPC against the accused persons or not Learned counsel for the parties drew attention of this Court towards the judgment rendered by Hon'ble Supreme Court on 6th December 2012, in Transfer Petition (Criminal) No. 115 of 2012, Dimpey Gujral vs Union Territory, wherein the injured was permitted to compound the offences punishable under Sections 147, 148, 149, 323, 307, 452 and 506 of IPC. Hon'ble Apex Court was pleased to follow the decision of a larger Bench rendered in Gian Singh vs. State of Punjab and another, 2013 1 SCC(Cri) 160. The relevant paragraph of said judgment are reproduced here-in-under for ready reference: