AMIT CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge -sheet dated 11.10.2014 and order dated 29.10.2014 passed by Chief Judicial Magistrate, Nainital, in Criminal Case No. 1708 of 2014, captioned as State vs. Amit Chandra, arising out of FIR No. 44 of 2014, under Sections 307 and 504 of IPC, pending in the Court of Chief Judicial Magistrate, Nainital.

(2.) A charge -sheet has been submitted against the applicant for the offences punishable under Sections 307 and 504 of IPC. A compounding application being CRMA No. 2051 of 2014 is filed by the parties, supported with the affidavits of reporter/victim ( Ganesh Singh Karayat) as well as mother of the accused (Deepa Chadra) to indicate that they have buried their differences and have settled their disputes amicably. Informant/victim Ganesh Singh Karayat (respondent no.2) is present in person, duly identified by his counsel Mr. Deep Joshi, Advocate. Injured /victim Ganesh Singh Karayat said that he has resolved his disputes with the intervention of some elderly persons and made a prayer to permit him to compound the offences alleged against the accused -applicant.

(3.) WHEREAS offence punishable under Section 504 of IPC is a compoundable offence within the Scheme of Section 320 Cr.P.C., offence under Section 307 of IPC is not. The question, which arises for consideration of this Court iswhether the victim/injured should be permitted to compound the offence punishable under Sections 307 and 504 of IPC or not?