MANOJ @ MANISH SANWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicants, by means of present application under Section 482 Cr.P.C., seek to quash the entire proceedings of Criminal Case No. 4513 of 2011, captioned as State vs. Rajat Singh and others, under Sections 392 and 411 of IPC, pending the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.

(2.) A charge -sheet was submitted against the applicants for the offences punishable under Sections 392 and 411 of IPC. A compounding application is filed by the parties to indicate that they have buried their differences and settled their disputes amicably. The compounding application is supported by affidavit of applicant no. 1 and respondent no. 2. Respondent no. 2 is present in person, duly 2 identified by her counsel Mr. Azmeen, Advocate. Respondent no. 2 says that she is no more interested in prosecuting the applicants, in as much as, it is not sure that they actually committed the offence or not? She says that since the incident took place in the night and she could not identify the miscreants, therefore, she is not inclined to prosecute the applicants. Applicants are also present in person, duly identified by their counsel Mr. Lalit Sharma, Advocate.

(3.) THE offence under Section 392 IPC alleged against the applicants is non -compoundable offence. The question, which arises for consideration this Court is - whether the victim should be permitted to compound the offences under Sections 392 and 411 of IPC or not?