HARISH BAGORIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT Application under Section 482 Cr.P.C. is filed with the prayer to quash the charge -sheet dated 06.09.2013, cognizance order dated 17.09.2013 as well as the entire proceedings of Criminal Case No. 786 of 2013, under Sections 452, 323 354 and 506 of IPC, pending in the Court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

(2.) A charge -sheet was submitted against the applicants for the offences punishable under Sections 452, 323 504 and 506 of IPC. A compounding application being CRMA No. 1139 of 2014 is filed by the parties to indicate that they have settled their disputes amicably. The compounding application is supported by the affidavits of applicant no. 2 and the respondent no. 2. Respondent no. 2 and the applicant no. 2, who are husband and wife, are present in person before the Court. They are duly identified by their counsels Mr. Suresh Chandra Bhatt and Mr. M.K.Titgaien, Advocates. Respondent no. 2 says that he has settled the dispute with the applicants. He further says that he is no more interested in prosecuting the applicants and he be permitted to compound the offences alleged against the applicants.

(3.) THE applicants were summoned to face the trial for the offences punishable under Sections 452, 323 504 and 506 of IPC. Whereas offences punishable under Sections 323, 504 and 506 of IPC are compoundable offences within the scheme of Section 320 of Cr.P.C., the offence punishable under Section 452 of IPC is not. The question, which arises for consideration of this Court, is - whether the respondent no. 2 should be permitted to compound the offences or not?