MUSTAFA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of Application under Section 482 Cr.P.C., seeks to quash the entire criminal proceedings of S.T No.222 of 2016, pending before learned Additional District & Sessions Judge, Haridwar arising out of Case Crime No. 92/2016 registered under Sections 307, 323 and 326A of I.P.C at P.S Kotwali Pathri, District Haridwar.

(2.) A Compounding Application (CRMA No.403 of 2017) has been filed before this Court to show that the parties have settled their disputes amicably. Applicant-accused is in jail, while co-accused Sanavar is present in person before this Court duly identified by his counsel Ms. Neetu Singh. It is brought to the notice of this Court that a chargesheet has been submitted against the applicant-accused, while coaccused Sanavvar, who is the son of present applicant, has been exonerated. Injured-Aazim, who is present in person, duly identified by his counsel Ms. Neetu Singh, stated before this Court that the accused persons inflicted injuries on his person with lathi and danda on the date of incident and the present FIR was lodged under some misconception. Injured also submitted that he does not want to prosecute the accused persons. This he is saying with his own free will.

(3.) The question is whether the injured/informant should be permitted to compound such offences against the applicant or not? The permission can be granted to the injured/informant to compound the offences in view of the judgment of the Hon'ble Supreme Court in Dimpey Gujral vs. Union Territory through Administrator U.T. Chandigarh and others, 2013 123 AllIndCas 119 and Narendra Singh and others vs. State of Punjab and another, 2014 6 SCC 466.