PAWAN PALADIYA Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of application under Section 482 Cr.P.C., the applicant seeks to quash the impugned chargesheet dated 31.08.2015 and the proceedings of Sessions Trial No.94 of 2015, State vs. Pawan Paladiya, under Sections 324, 504, 506, 307 IPC, pending before 2nd Addl. Sessions Judge, Haldwani, District Nainital.

(2.) Compounding Application (CRMA No.1345 of 2016) is filed before this Court to show that the parties have settled their disputes amicably. The compounding application is supported by the affidavits of Pawan Paladiya (applicant herein), Udai Gupta (respondent no.2 herein) and Gaurav Gupta (respondent no.3). Udai Gupta (complainant), Gaurav Gupta (injured) and Pawan Paladiya (applicant) are present in person, duly identified by their respective counsel. Complainant & injured submitted before this Court that they do not wish to prosecute the applicant, inasmuch as they have settled their dispute amicably.

(3.) Offences punishable under Sections 324 & 307 IPC complained of against the applicant are non-compoundable offences, while the offences punishable under Sections 504 & 506 IPC are compoundable offences within the scheme of Section 320 Cr.P.C. The question is whether the complainant & injured should be permitted to compound such offences against the applicant or not