TALA RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicants seek to quash the charge sheet dated 15.10.2016 as well as the entire proceedings of Criminal Case No. 819 of 2017, captioned as State Vs. Tala Ram and another, for the offences punishable under Sections 498-A, 452, 323, 504 and 506 of Penal Code and Sec. 3/4 of the Dowry Prohibition Act, pending in the Court of learned Judicial Magistrate, Khatima, District Udham Singh Nagar.

(2.) An affidavit has been filed by Smt. Sukhvinder Kaur (respondent no.2/victim) and the petitioner Tala Ram (father-in-law) of the respondent no.2) to show that the parties have buried their differences and have settled their disputes amicably. Petitioners Tala Ram and Smt. Birawa Bai (mother-in-law of respondent no.2) are present in person duly identified by their counsel Mr. M.K.Ray, Advocate. Respondent no.2 Smt. Sukhvinder Kaur is also present in person, duly identified by her counsel Mr. Balvinder Singh, Advocate. Smt. Sukhvinder Kaur says that the parties have settled their disputes amicably and now she has no grievance left against the petitioners. Learned counsel for the respondent no.2 further submitted that she (respondent no.2) has no objection if the criminal proceedings initiated by her against the applicants are set aside and quashed on the basis of compromise entered into between the parties.

(3.) Whereas offences punishable under Sec. 323, 504 and 506 of Penal Code are compoundable offences within the Scheme of Sec. 320 Crimial P.C., the other offences are not. The question, which arises for consideration of this Court, is-whether the respondent no. 2 (victim) should be permitted to compound the offences alleged against the petitioners or not?