AFROJ AND OTHERS Vs. HARUN AND ANOTHER

JUDGEMENT

(1.) By means of Application under Section 482 Cr.P.C., applicants seek to quash the entire proceeding 0f Criminal Case No. 2173 of 2014 titled as 'Harun Vs. Afroj and others, relating to offences punishable under Sections 323,325,452,504, 506 of IPC, pending before learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) A Compounding Application (CRMA No.1322 of 2016) is filed before this Court to indicate that parties have buried their differences and have settled their disputes amicably. Respondent Nos.1 & 2 /persons aggrieved namely Harun and Smt. Rehana are present in person before this Court, duly identified by their counsel Mr. M.C. Bhatt, Advocate and accused-applicant-Afroj is present in person, duly identified by his counsel Mr. Sanjay Bhatt, Advocate. Respondent Nos. 1 & 2 say that they have settled their disputes amicably, therefore, they are not interested in prosecuting the accused-applicants, inasmuch as, a compromise has taken place between them with the intervention of some elderly persons of the society. They prayed that they may be permitted to compound the offences against the applicants and the application under Section 482 Cr.P.C. be allowed.

(3.) Whereas some of the offences are compoundable offences within the Scheme of Section 320 Cr.P.C., the others are not. The question, which arises for consideration of this Court is whether the respondent Nos.1 & 2 /persons aggrieved should be permitted to compound such offences against the applicants or not