MANISH RATHAUR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seek to quash the entire proceedings of Criminal Case No. 3038 of 2015 (Case No. 300 of 2014), under Sections 308 & 506 IPC, pending in the Court of learned 2nd Additional Chief Judicial Magistrate, Dehradun.

(2.) A compromise application being CRMA No. 923 of 2017 has been filed by the parties to show that they have buried their differences and have settled their disputes amicably. Both the private respondents (respondent no. 2 is complainant and respondent no. 3 is injured) are present in person, duly identified by their counsel Mr. Sandeep Kothari, Advocate. They say that they have no grievance left against the applicant and they are not interested in prosecuting the applicants, inasmuch as, the dispute has been settled amicably between the parties with the intervention of some elderly persons of the society. Petitioner/applicant is also present in person duly identified by his counsel Mr. Ankur Sharma, Advocate.

(3.) Whereas the offence under Section 506 IPC is a compoundable offence within the Scheme of Section 320 Cr.P.C., the offence under Section 308 IPC is not. The question, which arises for consideration of this Court iswhether the victim/injured should be permitted to compound the offence alleged against the applicant or not?