RAJAT SRIVASTAVA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C., along with compounding application being CRMA No. 1979 of 2019, is preferred to quash the charge sheet dated 11.09.2017, Cognizance/summoning order dated 22.02.2018 passed by the Civil Judge (Sr. Division)/Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar in league with entire proceedings of Criminal Case No. 474 of 2018(F.I.R. No. 140 of 2017), "State vs. Om Prakash and another", under Sections 323, 324, 452, 504, 506 and 307 of IPC, registered at P.S. Nanakmatta, District Udham Singh Nagar, pending before the Court of Civil Judge (Sr. Division)/Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.

(2.) In the joint compounding application, duly supported by the affidavits of accused applicant no. 1 and the respondent nos. 2,3 and 4, it has been stated that parties have amicably settled their dispute and the victims do not want to prosecute the accused. Accused applicants Rajat Srivastava and Om Prakash as well as the respondents Kuljeet Kaur(informant), Pushpendra Singh(injured) and Surendra(injured), duly identified by their respective Counsel, were present before this Court on the previous date of listing and they admitted that they have entered into compromise. Compounding application bears the signatures/thumb impressions of all the accused applicants and the respondents.

(3.) Learned State Counsel opposed the compounding application and contended that offences under Sections 504 and 506 IPC, for which the accused applicants are facing trial, are non- compoundable. Emphasis of the learned State Counsel is on the offence under Section 307 IPC.