JAY PRAKASH GANGWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge -sheet dated 30.11.2009, summoning order dated 12.03.2010 as well as the entire proceedings of Criminal Case No. 879 of 2010, captioned as State vs. Jay Prakash Gangwar and others, under Sections 406, 506 and 420 of IPC, pending before the Court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) A charge -sheet was submitted against the applicants for the offences punishable under Sections 406, 506 and 420 of IPC. A compounding application being CRMA No. 1262 of 2014 has been filed by the parties, to indicate that they have buried their differences and settled their disputes amicably. Since the victim Yograj has passed away, therefore, he is being represented by his son /respondent no. 3 Mahesh Pal, who is present in person, identified by his counsel Mr. D.C.S.Rawat, Advocate. The applicant no. 2 Mahesh Gangwar and applicant no. 3 Bhoop Kishor, are also present, duly identified by their counsel Ms. Khusbu Tiwari Sharma. It is the submission of learned counsel for the applicants that the parties have settled their disputes amicably and therefore, respondent no. 3 is not interested in prosecuting the applicants. In other words, respondent no. 3 (the person aggrieved) has exonerated the present applicants.

(3.) THE question, which arises for consideration of this Court is - whether the respondent no. 3 should be permitted to compound the offence against the accused under Section 420, 506 and 420 of IPC or not?