PANKAJ SINGHAL Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet as well as the entire proceedings of Criminal Case No. 2098 of 2014, captioned as State vs. Pankaj Kumar Singhal, for the offences punishable under Sections 409 of IPC, pending in the Court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) A compounding application being CRMA No. 1249 of 2016 is filed by the parties to show that the parties have buried their differences and settled their disputes amicably. Respondent no. 2/Secretary, Jiwan Tiwari is present in person, duly identified by his counsel Mr. Gopal K. Verma, Advocate. He submitted that Kashipur Urban Cooperative Bank Ltd., in it's meeting of Board of Directors has resolved on 11.06.2016 that the offence against the accused-applicant be compounded. Respondent No.2 Jiwan Tiwari, Secretary, has been authorized to compound the offence as per the aforesaid resolution. Learned counsel for the parties have placed a copy of the resolution dated 11.06.2016 before this Court to submit that the parties have settled their disputes amicably, inasmuch as, the amount misappropriated has been deposited by the accused-applicant with the respondentBank.

(3.) Offence punishable under Section 409 of IPC is a noncompoundable. The question, which arises for consideration of this Court, is- whether the respondent no.2 should be permitted to compound the offence against the applicant or not