GAGAN GURJAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the charge -sheet dated 10.03.2008, cognizance order dated 18.03.2008 as well as entire proceedings of Criminal Case No. 88 of 2011, captioned as State vs. Gagan Gurjar, under Sections 392 and 411 of IPC, pending before the Judicial Magistrate, Laksar, District Haridwar.

(2.) A compounding application being CRMA No. 1934 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 affidavits of Gagan Gurjar (applicant) and 2 Surendra Singh Gurjar (respondent no.2). Respondent No. 2 Surendra Singh Gurjar, is present in person, duly identified by his counsel Ms. Arti Tiwari, Advocate. He (victim) has prayed in his affidavit that he may be permitted to compound the offences alleged against the applicant, who although has not committed the offence, still he has settled the matter amicably with him. Applicant Gagan Gurjar is also present in person, duly identified by his counsel Mr. Mohd. Alaudddin, Advocate.

(3.) WHEREAS offence under Section 411 of IPC alleged against the applicant is compoundable offence within the Scheme of Section 320 Cr.P.C., Section 392 of IPC is not. The question, which arises for consideration of this Court, iswhether the complainant -respondent no. 2 should be permitted to compound the offences alleged against the applicant or not?