SHASHI PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of both petitions under Section 482 of the Code of Criminal Procedure filed with a prayer to quash the F.I. Rs. registered at the instance of the parties against each other in Police Station, Gagret, District Una.

(2.) SHASHI Pal, the petitioner in CRMMO No. 191 of 2014 is accused in FIR No. 98 of 2011, registered against him at the instance of 2nd respondent, Smt. Reshma Devi under Sections 323 and 324 of Indian Penal Code. The police after investigation of the case has filed challan against him, which has been registered as Criminal Case No. 6 -1 of 2012/31 -II of 2012 and pending disposal in the Court of Judicial Magistrate, Court No. 2, Amb, District Una.

(3.) IT is pertinent to note that an offence punishable under Sections 451 and 323 of Indian Penal Code is compoundable under Section 320 of the Code of Criminal Procedure. It is, however, the offence punishable under Section 324 of Indian Penal Code, is not compoundable. Since the petitioners in CRMMO No. 192 of 2014 have allegedly committed the offence punishable under Sections 451 and 323 read with Section 34 of Indian Penal Code, therefore, the complainant in the said case, i.e. Shashi Pal could have compounded the offence in the trial Court itself. However, since the offence he allegedly committed under Section 324 of Indian Penal Code is not compoundable, therefore, both parties have approached this Court by filing these petitions under Section 482 of the Code of Criminal Procedure for quashing the proceedings against them.