GULAM SABIR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Sec. 482 Cr.P.C., along with compounding application, is preferred to quash the charge sheet dtd. 22/1/2016, cognizance/summoning order dtd. 5/10/2016 passed by learned Additional Chief Judicial Magistrate Laksar, District Haridwar in league with entire proceedings of Criminal Case No. 365 of 2016/Sessions Trial No. 120 of 2018, (Case Crime No. 495 of 2015), "State v. Gulam Sabir", under Ss. 323, 307, 452, 504 & 506 of IPC, registered at P.S. Laksar, District Haridwar, pending before the Court of learned Additional District & Sessions Judge Laksar, District Haridwar.

(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 Gulam Sabir, Gulsher and Raiees as well as the Saeed (complainant), Iqbal (injured) and Inam Ali (injured), duly identified by their respective Counsel, are present before this Court today and they admitted that they are entered into compromise. Compounding application bears the signatures/thumb impressions of all the accused applicants and the complainant as well as the victims.

(3.) Learned State Counsel opposed the compounding application and contended that offences under Ss. 323, 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 Sec. 307 IPC.