LAWS(UTN)-2014-9-46

SUNITA VERMA Vs. STATE OF U P

Decided On September 17, 2014
Sunita Verma Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the cognizance order dated 27.11.2008, entire proceedings of Criminal Case No. 1850 of 2008 (renumbered as Criminal Case No. 781 of 2014), captioned as State vs. Sunita Verma and others, under Sections 147, 323, 325, 504 and 506 of IPC, pending before the Court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar and Criminal Case No. 263 of 2011, captioned as State vs. Kush Verma, under Sections 147, 323, 325, 504 and 506 of IPC, pending in the Court of Juvenile Justice Board, District Haridwar.

(2.) THE applicants were summoned to face the trial for the offences punishable under Sections 147, 323, 325, 504 and 506 of IPC on the basis of a charge -sheet submitted against them. A compounding application being CRMA No. 1438 of 2014 has been filed by the parties to indicate that they have buried their differences and have settled their disputes amicably. The compounding application is supported by affidavits of Smt. Sunita Verma (applicant no.1) and Mayan Pal (respondent no. 2). Respondents no. 2 and 3 are present in person, duly identified by their counsel Mr. Rajendra Singh, Advocate. They say that the disputes between the parties have been settled with the intervention of elderly persons of the family. They (husband and wife) have decided to live together as husband and wife. Applicant no. 1 Smt. Sunita Verma (wife) is also present in person, duly identified by her counsel Ms. Neetu Singh, Advocate.

(3.) ALL the offences, but for Section 147 IPC, are compoundable offences within the Scheme of Section 320 Cr.P.C. The question, which arises for consideration of this Court is - whether the respondents no. 2 and 3 should be permitted to compound the offences punishable under Sections 147, 323, 325, 504 and 506 of IPC or not?