ASHOK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT Application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceedings of Criminal Case No. 5585 of 2014, under Sections 323, 452, 504, 506 and 34 of IPC and Section 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the SC / ST Act), pending in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) THE applicants are charge -sheeted under Sections 452, 323, 504 506 with 34 of IPC and Section 3 (1) (X) of the SC and ST Act. A compounding application being CRMA No. 1946 of 2014 is filed by the parties to indicate that they have settled their disputes amicably. The compounding application is supported by the joint affidavits of Ashok (applicant) and the injured /victims Smt. Mamta (respondent no.2), Vishnu (respondent no.3) and Naresh Pal (respondent no.4). Respondent no. 2, 3 and 4 are present in person, duly identified by their counsel Mr. D.C.S.Rawat, Advocate. They say that they are no more interested in prosecuting the applicant and they be permitted to compound the offences alleged against the applicant. Ashok (applicant) is also present duly identified by his counsel Mr. Vipul Sharma, Advocate.

(3.) THE offences complained of against the applicants are under Sections 452, 323, 504, 506 with 34 of IPC and Section 3 (1) (X) of the SC and ST Act. 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 private respondents/respondents no. 2, 3 and 4 should be permitted to compound the offences or not?