VIJAY KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the charge -sheet dated 10.08.2007 as well as the entire proceedings of Sessions Trial No. 43 of 2009, captioned as State of Uttarakhand vs. Vijay Kumar, under Sections 307, 498 -A, 504, 506, 120 -B of IPC and Section of the Dowry Prohibition Act, pending in the Court of Additional Sessions Judge, 5th, Dehradun. A further prayer has been made to allow the present application in the light of the compromise dated 11.09.2014 arrived at between the parties.

(2.) A charge -sheet was submitted against the applicants for the offences punishable under Sections 307, 498 -A, 504, 506, 120 -B of IPC and Section of the Dowry Prohibition Act. A joint compounding application being CRMA No. 1385 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 the affidavits of Dolly (victim) as well as the applicant no.1 (Vijay Kumar). Victim (Dolly) is present in person, duly identified by her counsel Mr. B.S.Koranga, Advocate. She says that she has settled the disputes amicably with the applicants with the intervention of some elderly members of her family, is no more interested in prosecuting the applicants and she be permitted to compound the offences alleged against the applicants. Drafts worth Rs. 4 lacs are handed over to the victim by the learned counsel for the applicants. 'Terms of Settlement' have also been enclosed as annexure -4 to the application under Section 482 Cr.P.C. Applicant no. 1 is ex -husband, applicant no. 2 is ex -father -in -law and applicant no 3 is ex -mother -in -law of the respondent no.2. Applicant no.1 (Vijay Kumar) is also present in person before this Court, duly identified by his counsel Mr. Prashant Khanna, Advocate.

(3.) WHEREAS the offences punishable under Sections 504 and 506 of IPC are compoundable offences within the scheme of Section 320 Cr.P.C., the other offences are not. The question, which arises for consideration this Court is - whether the complainant -victim should be permitted to compound the offences punishable under Sections 307, 498 -A, 504, 506, 120 -B of IPC and Section of the Dowry Prohibition Act or not?