JITENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C., along with compounding application being CRMA No. 2495 of 2019, is preferred to quash the entire proceedings of Session Trial No. 179 of 2014, "State vs. Jitendra Singh and others", under Sections 323, 504, 506 and 307 of IPC pending in the Court of learned 1st Additional Sessions Judge, Rudrapur, District Udham Singh Nagar along with impugned summoning order dated 16.06.2014 as well as the charge sheet submitted in FIR No. 78 of 2014 registered at PS Kichha District 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 as well as respondent no. 2 (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 the accused applicants and the respondent no. 2. Today, Amarjeet Singh and Karnal Singh (injured) are present before this Court and duly identified by their respective counsel.

(3.) Learned State Counsel 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.