MANOJ GAUTAM AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Mr. Pawan Mishra, learned counsel for the petitioners, has handed over his own affidavit in the Court, which is taken on record. Undisputedly, petitions under Sec. 482 of Code of Criminal Procedure being C -482 Nos. 222 of 2006 and 91 of 2006 challenging the charge -sheet and for quashing of the entire proceedings of criminal case were dismissed by this Court vide judgment dated 23.02.2007; thereafter, trial was commenced before the Trial Court; during the pendency of the trial, accused have preferred present petition under Sec. 482 of Code of Criminal Procedure for quashing of the entire proceedings of criminal case saying parties have settled their dispute amicably. Compounding Application No. 1237 of 2011 was also duly signed by Ranvir Sharma, Manager of Swami Bhumanand Dharmarth Netra Chikitsalaya, the informant and all the accused. Petition was taken up for hearing on 08.11.2011 by the Coordinate Bench of this Court headed by Hon'ble Mr. Justice Servesh Kumar Gupta. On 08.11.2011 following order was passed:

(2.) Thereafter, petition was listed before me on 08.10.2014 and it was stated by counsel for the accused/petitioners as well as Deputy Advocate General that since matter has been settled amicably as stated in a Compounding Application, therefore, proceedings of Criminal Case No. 6329 of 2005, State vs. Manoj Gautam and others for the offence punishable under Ss. 420, 467, 468, 471, 506 IPC pending in the Court of Chief Judicial Magistrate, Haridwar be quashed.

(3.) It is important to mention herein that it was not pointed out before me on 08.10.2014 that earlier on 08.11.2011, Coordinate Bench of this Court has refused to accept the compounding application on the ground since informant Ranvir Sharma, who at the relevant time was the Manager of Swami Bhumanand Dharmarth Netra Chikitsalaya has left the job, therefore, he was having no authority to compound the offence.