RAJPAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Raghuraj Kishore, Counsel for the applicants and learned A.G.A.

(2.) The submission on behalf of the applicants is that Sessions Trial No. 1105 of 1999, State Vs. Rajpal and another , under sections 307, 506 I.P.C. Police Station Gangoh, Saharanpur, is pending and the compromise submitted in the same, may be accepted.

(3.) The facts giving rise to the dispute is that on 3rd May, 1999 at 6.30 P.M., the applicants caught hold of the victim Sukrampal and caused injuries with knife. A first information report was registered on 4.5.1999 at 4.30 P.M. The victim was medically examined, the doctor did not give any opinion with regard to the injury. Injury report has been annexed as Annexure No. 2 to the affidavit filed in support of this application. There were two injuries on the body of the victim. According to the opinion of the doctor, one injury was found to be simple in nature and another was kept under observation. Subsequently, no X-Ray was performed as there was no supplementary injury report on record. After completion of investigation, the police submitted a charge-sheet under Sec. 307, I.P.C. A compromise was entered into between the victim and the accused on 22.8.2005 and the same was filed in the Court of Additional Sessions Judge, Court No. 3, Saharanpur in Sessions Trial No. 1105 of 1999, State Vs. Rajpal and another , with the specific prayer that they did not want to continue the proceedings and, therefore, in view of the compromise, the proceedings may be dropped. This application was rejected by means of impugned order on the ground that Sec. 307, I.P.C. is not compoundable hence the compromise cannot be accepted.