DHARAMPAL RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the charge sheet as well as the entire proceedings of Criminal Case No. 22 of 2016 (arising out of FIR No. 12 of 2016), captioned as State Vs. Dharampal, for the offences punishable under Sections 420, 467, 468 and 471 IPC, pending in the Court of Additional Chief Judicial Magistrate, Rishikesh, District Dehradun.

(2.) An affidavit has been filed by Smt. Sangeeta to show that the parties have buried their differences and have settled their disputes amicably. Respondent no. 2 (Smt. Sangeeta) is present in person, duly identified by her counsel Mr. P.K. Chauhan, 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. Bhupesh Kandpal, Advocate.

(3.) Whereas offence punishable under Sec. 420 of Penal Code is a compoundable within the Scheme of Sec. 320 Crimial P.C. the others are not. The question, which arises for consideration of this Court, is-whether the respondent no.2 should be permitted to compound the offences alleged against the applicant or not?