ASHRAF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AN FIR was lodged against the accused (petitioners herein) for the offences punishable under Sections 323, 504, 506 of IPC. A compounding application, being CLMA No. 5997 of 2014, is filed by the parties to indicate that they have buried their differences and have settled their dispute amicably. Said application is supported by the affidavits of Mohd. Yunus (petitioner No. 2 herein) and injured Sohrab Malik (respondent No. 3 herein).

(2.) COMPLAINANT -injured Sohrab Malik was present in person before the Court on 06.06.2014, duly identified by his counsel Mr. Lalit Sharma, who stated that he was no more interested in prosecuting the petitioners. Petitioners were also present in person before the Court, duly identified by their counsel Mr. Azmeen, who also affirmed what was stated by the complainant -injured in the Court on that day. Learned counsel for the injured - complainant made a statement in the Court that the injured (respondent No. 3 herein) is not interested in prosecuting the petitioners and, therefore, the FIR lodged in this behalf be quashed.

(3.) THE only question which is left for consideration of this Court is whether the injured -victim should be permitted to compound the offences complained of against the accused -petitioners or not?