MOHD KAMIL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seek to quash the charge -sheet dated 28.11.2013, summoning order dated 16.01.2014 and the entire proceedings of Criminal Case No. 238 of 2014, State vs. Mohd. Kamil, under Sections 323, 324, 504 and 506 of IPC, pending the Court of Additional Chief Judicial Magistrate/Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) A charge -sheet was submitted against the applicant for the offences punishable under Sections 323, 324, 504 and 506 of IPC. A compounding application being CRMA No. 1989 of 2014 is filed by the parties to indicate that they have buried their differences and have settled their disputes amicably. An affidavit has been filed on behalf of the applicant Mohd. Kamil supported by the affidavit of Mohd. Zakir (injured). Injured persons/victims Mohd. Zakir and Mohd. Fazil are present in person, duly identified by their counsel, Mr. M. A. Khan, Advocate. Injured persons/victims Mohd. Zakir and Mohd. Fazil said that they have resolved their disputes with the intervention of some elderly persons and made a prayer to permit them to compound the offences alleged against the accusedapplicant. A settlement -deed has also been filed as Annexure No. 1 to the present petition. Applicant Mohd. Kamil is also present in person, duly identified by Mr. B. S. Parihar, Advocate.

(3.) WHEREAS offences punishable under Sections 323, 504 and 506 of IPC are compoundable offences within the Scheme of Section 320 Cr.P.C., offence under Section 324 of IPC are not. The question, which arises for consideration of this Court is - whether the victims/injured persons should be permitted to compound the offence punishable under Sections 323, 324, 504 and 506 of IPC or not?