LAWS(UTN)-2014-9-1

ARUN KUMAR MISHRA Vs. STATE OF UTTARAKHAND

Decided On September 06, 2014
ARUN KUMAR MISHRA Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of application under Section 482 Cr.P.C., the applicant seeks to quash the proceedings of Sessions Trial no.152/2014, under Sections 323, 504, 506, 307 IPC (arising out of the FIR no.303/2014) pending in the court of Sessions Judge, Udham Singh Nagar.

(2.) A charge-sheet was submitted against the applicant for the offences punishable under Sections 323, 504, 506, 307 IPC.

(3.) Compounding Application (CRMA No.1340 of 2014) is filed before this Court to show that the parties have settled their disputes amicably. The compounding application is supported by the affidavits of Arun Kumar Mishra (applicant herein), Sushil Kumar Mishra and Rakesh Kumar Mishra (respondents no.2 & 3 herein). Injured persons, namely, Sushil Kumar Mishra and Rakesh Kumar Mishra are present in person, duly identified by their counsel Mr. D. C. S. Rawat. The applicant is also present in person before this Court, duly identified by his counsel Mr. Vipul Sharma. Both the injured submitted before this Court that they do not wish to prosecute the applicant, who is their real elder brother, in as much as, they have settled their dispute amicably with the intervention of elderly members of the family. 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 Sessions Trial be quashed.