LAWS(UTN)-2016-2-4

ANEESH Vs. STATE OF UTTARAKHAND AND ORS.

Decided On February 03, 2016
ANEESH Appellant
V/S
State of Uttarakhand And Ors. Respondents

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the proceedings of Sessions Trial No. 199 of 2015, State v. Anneesh, pending in the Court of 1st Additional District Judge/Sessions Judge, Roorkee, District Haridwar, for the offence under Section 307 of IPC.

(2.) A compounding application being CRMA No. 131 of 2016 is filed by the parties to indicate that they have buried their differences and have settled their disputes amicably. An affidavit has been filed on behalf of father of the applicant (Aneesh) as well as Smt. Shahnuma (injured/complainant). Injured/victim Smt. Shahnuma is present in person, duly identified by her counsel, Mr. Mohd. Safdar, Advocate. She said that she has resolved her disputes with the intervention of some elderly persons and made a prayer to permit her to compound the offences alleged against the accused-applicant. Accused-applicant is reported to be detained in sub-jail, Roorkee. The applicants father Mr. Wahid is present in person, duly identified by the applicants counsel Mr. Gaurav Singh, Advocate.

(3.) The question, which arises for consideration of this Court is- whether the victim/injured should be permitted to compound the offence punishable under Sections 307 of IPC or not?