KURBAN ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge -sheet dated 27.11.2003 in case crime no. 289 of 2003, under Sections 420, 468, 504 and 506 of IPC as well as the entire proceedings of Criminal Case No. 587 of 2008, captioned as State vs. Kurban Ali, pending before the Court of learned Additional Chief Judicial Magistrate, Roorkee, District -Haridwar.

(2.) A charge -sheet was submitted against the applicant for the offences punishable under Sections 420, 468, 504 and 506 of IPC. A compounding application being CRMA No. 1821 of 2014 has been filed by the parties, to indicate that they have buried their differences and settled their disputes amicably. The compounding application is supported by affidavits of Sanjeev Kumar and Kurban Ali. The person cheated/victim Sanjeev Kumar is present in person, duly identified by his counsel Mr. Jagdish Chandra Karnatak, Advocate. The applicant Kurban Ali, is also present, duly identified by his counsel Mr. Tapan Singh. It is the submission of learned counsel for the applicant that the parties have settled their disputes amicably and therefore, respondent no. 2 is not interested in prosecuting the applicant. In other words, respondent no. 2 (the person aggrieved) has exonerated the present applicant.

(3.) THE question, which arises for consideration of this Court is - whether the respondent no. 2 should be permitted to compound the offences alleged against the accused -applicant under Section 420, 468 504 and 506 of IPC or not?