MOHD ZAKIR 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 28.11.2013, summoning order dated 06.02.2014 and the entire proceedings of Criminal Case No. 404 of 2014, State vs. Mohd. Zakir and others, under Sections 326 and 504 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 applicants for the offences punishable under Sections 326 and 504 of IPC. A compounding application being CRMA No. 1990 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 Zakir (one of the applicants) as well as Mohd. Kamil (injured/complainant). Injured/victim Mohd. Kamil is present in person, duly identified by his counsel, Mr. B. S. Parihar, Advocate. He said that he has resolved his disputes with the intervention of some elderly persons and made a prayer to permit him to compound the offences alleged against the accused -applicants. A settlement -deed has also been filed as Annexure No. 1 to the present petition. Applicants Mohd. Zakir and Mohd. Fazil are also present in person, duly identified by their counsel Mr. M.A.Khan, Advocate.

(3.) WHEREAS offence punishable under Sections 504 of IPC is compoundable offence within the Scheme of Section 320 Cr.P.C., offence under Section 326 of IPC is not. The question, which arises for consideration of this Court iswhether the victim/injured should be permitted to compound the offence punishable under Sections 326 and 504 of IPC or not?