SAHADAT ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present Application under Section 482 Cr.P.C., the applicants seek to quash the charge -sheet and the entire proceedings of Sessions Trial No. 09 of 2013, captioned as State vs. Hashmat Ali and others, under Sections 498 -A, 323, 313 of IPC and Section of the Dowry Prohibition Act, pending in the Court of 1st Additional Sessions Judge, Roorkee, District Haridwar.

(2.) A compounding application being CRMA No. 276 of 2015 is filed by the parties to show that the parties have buried their differences and settled their disputes amicably. The victim Gulista is present in person, duly identified by her counsel Mr. Mohd. Safdar, Advocate. She says that since she has resolved her disputes with the applicants, therefore, she is not interested in prosecuting the applicants. The terms of settlement have been indicated in the compounding application itself. All the applicants are also present in person, duly identified by their counsel Mr. Parikshit Saini, Advocate.

(3.) WHEREAS offence punishable under Section 323 of IPC is compoundable offence within the Scheme of Section 320 Cr.P.C., the offences punishable under Section 498 -A, 313 of IPC and Section of the Dowry Prohibition Act are not. The question, which arises for consideration of this Court, is - whether the respondent (victim) should be permitted to compound the offences against the applicants or not?