SAVITRI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A chargesheet was submitted against the applicant for the offences punishable under Sections 420, 504, 506 IPC. The Magistrate, having found a prima facie case against the applicant -accused, summoned him to face the trial, vide order dated 18.04.2007. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicant.

(2.) LEARNED counsel for the parties made a statement before this Court that the parties have settled their disputes amicably. It is the statement of learned counsel for the applicant that the applicant has executed the sale deed in respect of the disputed land in favour of respondent no. 2. Learned counsel for the respondent no. 2 admitted such fact.

(3.) THE offences punishable under Sections 420, 504 & 506 IPC are compoundable offences within the scheme of Section 320 Cr.P.C. Reliance was placed upon the pronouncements of the Hon'ble Apex Court in Nikhil Merchant vs. Central Bureau of Investigation and another, : (2008) 9 SCC 667 and Gian Singh vs. State of Punjab and another : (2013) 1 SCC (Cri.) 160. Hon'ble Apex Court in Nikhil Merchant's case (supra) held that Section 320 Cr.P.C. will not come in the way of High Court in exercising it's inherent jurisdiction under Section 482 Cr.P.C. In Gian Singh's case (supra), Hon'ble Apex Court has observed as below: -