HARISH JUNEJA 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 01.03.2016, cognizance order dated 29.04.2016 as well as the entire proceedings of Criminal Case No. 767 of 2016, for the offences punishable under Sections 498-A, 323, 504, 506 of IPC and Section ¾ of the Dowry Prohibition Act, pending in the Court of learned 1st Additional Civil Judge/ Judicial Magistrate, Haridwar.

(2.) Compounding applications being CRMA No. 933 of 2017 has been filed by the parties to show that the parties have buried their differences and have settled their disputes amicably. Applicant is present in person duly identified by his counsel Mr. Gaurav, Advocate. Ms. Soniya (complainant)/respondent no. 2 is present in person, duly identified by her counsel Mr. Nikhil Singhal, Advocate. Ms. Soniya (respondent no. 2) submitted that parties have settled their disputes amicably and now she has no grievance left against the applicant. Respondent no. 2 further submitted that she has no objection if the criminal proceedings initiated by her against the applicant are quashed on the basis of compromise entered into between the parties.

(3.) Whereas offences punishable under Section 323, 504 and 506 of IPC are compoundable offence within the Scheme of Section 320 Cr.P.C., the other offences are not. The question, which arises for consideration of this Court, iswhether the respondent no. 2 (victim) should be permitted to compound the offences alleged against the petitioner or not?