TEJPAL CHAUDHARY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of present Application under Section 482 Cr.P.C., the applicants seek to quash the cognizance order dated 04.06.2014 as well as the entire proceedings of Criminal Complaint Case No. 273 of 2013, captioned as Smt. Ayushi and Varun Kumar and others, under Sections 498 -A, 323, 504, 506 of IPC and Sections 3/4 of the Dowry Prohibition Act, pending in the Court of Additional Judicial Magistrate, Khatima, District Udham Singh Nagar, Criminal Revision No. 193 of 2013, Varun Kumar vs. State and Criminal Revision No. 199 of 2013, Tejpal and others vs. State.

(2.) A compounding application being CRMA No. 660 of 2015 is filed by the parties to show that the parties have buried their differences and have settled their disputes amicably. The victim Smt. Ayushi is present in person, duly identified by her counsel Mr. Suresh Kumar Mishra, Advocate. Smt. Ayushi (victim) says that no grievance is left against the petitioners/applicants. She further says that she is not interested in prosecuting the applicants and seeks permission of this Court to compound the offences alleged against the applicants. Applicant no. 4 Varun Kumar is also present in person, duly identified by his counsel Mr. G.S.Sandhu, Advocate.

(3.) WHEREAS offences punishable under Section 323, 504 and 506 of IPC are compoundable offences within the Scheme of Section 320 Cr.P.C., the offences punishable under Section 498 -A of IPC and Section 3/4 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?