KRIPAL SINGH Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The applicant, by means of present application under Section 482 Cr.P.C., seek to quash the charge-sheet dated 10.12.2010, cognizance order dated 24.02.2011, 05.02.2015, 25.06.2015 as well as the entire proceedings of Criminal Case No. 4166 of 2011 State vs. Kripal Singh, under Sections 452, 323, 504 & 506 IPC, PS Doiwala, District Dehradun, pending in the Court of learned 3rd Additional Chief Judicial Magistrate, Dehradun.

(2.) A compromise application being CRMA No. 981 of 2017 has been filed by the parties to show that they have buried their differences and have settled their disputes amicably. Private respondent (respondent no. 2/ wife of the complainant (complainant has died) is present in person, duly identified by her counsel Mr. Mohit Maulekhi, 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. She also says that a compromise between her husband (since died) and the applicant had already taken place. Petitioner/applicant is also present in person duly identified by his counsel Mr. Ramji Srivastava, Advocate.

(3.) Whereas some of the offences are compoundable offences within the Scheme of Section 320 Cr.P.C., the other offence (Section 452 IPC) is not. The question, which arises for consideration of this Court is- whether the victim/injured/respondent no. 2 should be permitted to compound the offences alleged against the applicant or not?