LAWS(UTN)-2018-11-7

STATE Vs. PREM CHAND & OTHERS

Decided On November 19, 2018
STATE Appellant
V/S
Prem Chand And Others Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This criminal misc. application has been filed by the applicants for quashing the charge sheet dated 30.11.2012, summoning order dated 11.04.2013 and entire proceedings of Sessions Trial No. 305 of 2013 (Case Crime No. 443/2012) State Vs. Prem Chand & others, under Section 323 , 324 , 506 , 308 I.P.C. registered at Police Station Kotwali Roorkee, District Haridwar, pending in the Court of IInd Additional District Judge, Roorkee, District Haridwar. Along with this criminal misc. application, a joint compounding application (CRMA No.11042 of 2018) has been filed. In support of compounding application, an affidavit has been filed by Mr. Prem Chand (applicant no. 1) and another by Mr. Pawan Kumar (respondent no. 2). It has been submitted that the applicants and the respondent no.2 have settled the dispute amicably and there is no acrimony left between the parties and they have decided to bury the hatchet.

(3.) . Learned Assistant Government Advocate vehemently opposed the compounding application on the ground that offence under Section 308 of I.P.C. is non compoundable offence.