LAWS(UTN)-2019-11-7

ROHIT GROVER Vs. STATE OF UTTARAKHAND

Decided On November 04, 2019
ROHIT GROVER Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C., along with compounding application being CRMA No. 1874 of 2019, is preferred to quash the impugned summoning order dated 31.03.2017 passed by learned Chief Judicial Magistrate, District Udham Singh Nagar as well as the entire proceedings of Session Trial No. 77 of 2018, "State vs. Rohit Grover and others", under Sections 307, 504 and 506 of IPC, against Rohit Grover and under Section 504 of I.P.C. against Nitin Grover and Yash Narang registered at P.S. Rudrapur, pending before the Court of Sessions Judge, Udham Singh Nagar qua the applicants.

(2.) In the joint compounding application, duly supported by the affidavits of accused applicants and respondent no. 2, it has been stated that parties have amicably settled their dispute and the injured do not want to prosecute the accused applicants. Accused applicants Rohit Grover and Yash Narang @ Yashpal Narang as well as the complainant Shivam Khurana, 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. Today, Rohit Grover (applicant no. 2) is also present before the Court and duly identified by his counsel. Compounding application bears the signatures/thumb impressions of the accused applicants and the respondent no. 2.

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