LAWS(UTN)-2014-9-8

MURSALEEN Vs. STATE OF UTTARAKHAND

Decided On September 19, 2014
Mursaleen Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) A chargesheet was submitted against the applicants for the offences punishable under Sections 420, 406, 467, 468, 471 IPC. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicants.

(2.) COMPOUNDING Application (CRMA No. 1459 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. The said application is supported by the affidavits of respondent no. 2 (Sher Ali) and applicant no. 1 (Mursaleen), who are present in person, duly identified by their respective counsel. The respondent no. 2/complainant submitted before this Court that he does not wish to prosecute the applicants, in as much as, a compromise has taken place between them. The complainant prayed that he may be permitted to compound the offences against the applicants, the application under Section 482 Cr.P.C. be allowed and the proceedings of the criminal case be quashed.

(3.) THE Apex Court has dealt with the consequence of a compromise in regard to non -compoundable offences in the case of B.S. Joshi and others vs. State of Haryana and another, : (2003) 4 SCC 675 and has held as below: