SAJID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicants seek to quash the impugned charge sheet, summoning order dated 08.08.2016 and entire proceedings of Criminal Case No. 1209 of 2016 (Case Crime No. 85 of 2016) for the offences punishable under sections 147, 148, 149, 307, 452, 504, 506 and 324 I.P.C., Police Station Kotwali Manglaur, District Hardwar pending before 1st Judicial Magistrate, Roorkee, District Hardwar.

(2.) A Compounding Application (CRMA No.1857 of 2016) is filed before this Court to show that the parties have settled their disputes amicably. Injured/informants, namely, Mafruda, Rifakat Ali and Sakhawat are present in person, duly identified by their counsel Mr. Parikshit Saini, Advocate. Injured/informants stated before this Court that the parties have settled their disputes amicably. They further stated that they do not wish to prosecute the applicants, inasmuch as, compromise has taken place between them. 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. All the applicants are also present in Court, duly identified by their counsel Mr. Mohd. Safdar, Advocate.

(3.) Whereas most of the offences complained of against the applicants 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 respondents (victims) should be permitted to compound the offences under sections 147, 148, 149, 307, 452, 504, 506 and 324 I.P.C against the applicants or not?