NEERAJ GUPTA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the charge-sheet dated 04.03.2015, cognizance order as well as the entire proceedings of Criminal Case No.2385 of 2015 (Case Crime No. 216 of 2014), under Sections 308, 324 and 504 IPC, PS Kotwali Nagar, District Dehradun, pending in the Court of learned Chief Judicial Magistrate, Dehradun.

(2.) A compromise application being CRMA No. 976 of 2017 has been filed by the parties to show that they have buried their differences and have settled their disputes amicably. All the private respondents (respondent no. 2 is complainant, respondents no. 3 & 4 are injured) are present in person, duly identified by their counsel Mr. Naliln Soun, Advocate. They say that they have no grievance left against the applicants 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. V.P.Bahuguna, Advocate.

(3.) Whereas some of the offence under Section 504 of IPC is a compoundable offence 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 victims/injured should be permitted to compound the offences alleged against the applicant or not?