DEVI DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT Application under Section 482 Cr.P.C. is filed with the prayer to quash the charge -sheet dated 24.12.2011, cognizance order dated 23.03.2013 as well as the entire proceedings of Criminal Case No. 23 of 2013 captioned as State vs. Devi Dutt and others, under Sections 452, 323, 504 and 506 of IPC, pending in the Court of Judicial Magistrate, Ranikhet, District Almora.

(2.) THE applicants are charge -sheeted under Sections 452, 323, 504 and 506 of IPC. A compounding application being CRMA No. 1136 of 2014 is filed by the parties to indicate that they have settled their disputes amicably. The compounding application is supported by the joint affidavit of Devi Dutt (applicant no. 1) and the injured 2 /victim Mrs. Vimla Bisht (respondent no.2). Respondent no. 2 is present in person, duly identified by her counsel Mr. Gopal K. Verma, Advocate. She says that she is no more interested in prosecuting the applicants and she be permitted to compound the offences alleged against the applicants. Devi Dutt (applicant no.1) is also present duly identified by his counsel Mr. Amish Tiwari, Advocate.

(3.) THE offences complained of against the applicants are under Sections 452, 323, 504 and 506 of IPC. Whereas some of the offences are compoundable offences within the scheme of Section 320 of Cr.P.C., the others are not. The question, which arises for consideration of this Court is - whether the respondent no. 2 should be permitted to compound the offences or not?