MANISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the entire proceedings of Criminal Case No. 5205 of 2015, captioned as State v. Manish Kumar, for the offences punishable under Sections 498A, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

(2.) A compounding application being CRMA No. 1858 of 2016 is filed by the parties to show that the parties have buried their differences and settled their disputes amicably. The victim Smt. Lekha Arya is present in person, duly identified by her counsel Mr. G. S. Sandhu, Advocate. Applicant Manish Kumar is also present, duly identified by his counsel Mr. Lalit Sharma, Advocate. Both the husband (Manish Kumar) and wife (Smt. Lekha Arya) say that they have decided to part with their ways of life on certain terms and conditions. Smt. Lekha Arya (victim) says that no grievance is left against the petitioner/applicant. Smt. Lekha Arya further says that she is not interested in prosecuting the applicant and seeks permission of this Court to compound the offences alleged against the applicant.

(3.) Whereas offences punishable under Section 504 and 506 of I.P.C. are compoundable offences within the Scheme of Section 320 Cr.P.C., the offences punishable under Section 498A of I.P.C. 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 applicant or not?