ANAND GIRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A charge sheet was submitted against the applicants for the offences punishable under sections 308 and 504 IPC read with section 34 IPC. The cognizance was taken by learned Magistrate, vide order dated 16.7.2014. Aggrieved against the same, present application under section 482 Cr.P.C. was filed by the accused -applicants. Compounding Application (CRMA No. 1237 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. The compounding application is duly signed by the applicants (i.e. Anand Giri and Subhash Giri) and respondents No. 2 & 3, namely, Chandra Pal and Vikas Giri. Chandra Pal is the informant of the case and Vikas Giri is the victim/injured. Both Chandra Pal (informant) and Vikas Giri (injured) are present in person, duly identified by their Counsel Mr. Mohd. Allauddin. Both the applicants are also present in person before this Court, duly identified by their Counsel Mr. Manish Arora. Both informant and victim submitted before this Court that they do not wish to prosecute the applicants, in as much as, they have settled their dispute amicably, irrespective of the nature of injuries. They prayed that they 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.

(2.) WHEREAS the offence under section 504 IPC is compoundable offence within the scheme of section 320 Cr.P.C., the offence under section 308 IPC read with section 34 IPC is non -compoundable offence. The question is - -whether the victim should be permitted to compound such offence against the applicants or not?

(3.) HON 'ble Supreme Court in Gian Singh v. State of Punjab and another, : (2013) 1 SCC (Cri) 160 has observed as below: - -