NAHEED ANJUM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A chargeheet was submitted against the applicants for the offences punishable under Sections 420, 406, 467, 468 and 471 IPC. The Magistrate, having found a prima facie case against the applicants -accused, summoned them to face the trial, vide order dated 28.07.2012. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the accused -applicants.

(2.) COMPOUNDING Application (CRMA No.474 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. Both the complainant (Manoj Thakur) and the applicant no.1 -Naheed Anjum have filed their affidavits indicating the same. The complainant is present in person, duly identified by his counsel Mr. Mohd. Azim. The applicant no.1 -Naheed Anjum is also present in person before this Court, duly identified by her counsel Mr. Karan Anand. Applicant no.2 is in jail and applicant no.3 was a juvenile at the time of the incident. The complainant submitted before this Court that he does not wish to prosecute the applicants, in as much as, a compromise has taken place between them. The complainant prayed that he 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.

(3.) SOME of the offences complained of against the applicants are compoundable offences within the scheme of Section 320 Cr.P.C. (with the leave of the Court) and others are non -compoundable offences within the scheme of Section 320 Cr.P.C. The question is whether the complainant should be permitted to compound such offences against the applicants or not?