NADEEM Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet dated 12.08.2016 as well as the entire proceedings of Criminal Case No. 3290 of 2016, captioned as State vs. Nadeem Saifi, for the offences punishable under Sections 452, 354, 323 and 506 of IPC, pending in the Court of Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar.

(2.) A compounding application being CRMA No. 1475 of 2017 has been filed by the parties to show that they have buried their differences and have settled their disputes amicably. Respondent no. 2 /informant-Ms. Phool Jahan is present in person, duly identified by her counsel Mr. D. N. Sharma, Advocate. She says that she has no grievance left against the applicant and she is not interested in prosecuting the applicant, 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. Vikas Anand, Advocate.

(3.) Whereas some of the offences 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 private respondent should be permitted to compound the offences alleged against the applicant or not?