Uttarakhand High Court
"State vs Anil Goswami And Others" Under on 13 September, 2019
Author: N.S. Dhanik
Bench: N.S. Dhanik
C-482 No. 1921 of 2019 With Compounding Application No. 2718 of 2019 Hon'ble N.S. Dhanik, J.
Mr. Vaibhav Singh Chauhan, Advocate for the applicants.
Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.
Mr. Manvendra Singh, Advocate for the second respondent.
Heard learned counsel for the parties. This criminal misc. application has been filed by the applicant to quash the charge sheet dated 31.10.2015, summoning order dated 04.07.2016 in Criminal Case No. 532 of 2016, "State vs. Anil Goswami and others" under Sections 147, 148, 149, 323, 324, 504 and 506 of I.P.C., pending in the Court of learned Judicial Magistrate-II, District Haridwar. Along with the petition, a joint compounding application (CRMA No. 2718 of 2019) has been filed. In support of compounding application, affidavits have been filed by Anil Kumar (applicant no. 1) and by Dharmendra Chauhan (respondent no. 2). It has been submitted that the applicant nos. 1 to 6 and respondent no. 2 have settled their dispute amicably and there is no grievance remained between them and they are ready to compound the offences.
Applicant nos. 1 to 6 and Dharmendra Chauhan (respondent no. 2), Habib Ahmed (injured) and Nusrat Ali (injured) are present in the Court today and they are duly identified by their respective counsel. They also admitted the facts mentioned in the compounding application.
Learned State Counsel opposed the compounding application on the ground that Section 324 of I.P.C. is non-compoundable.
In view of the above and considering the principle of law laid down by Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, the compounding application is allowed. Compromise arrived at between the parties is accepted. Consequently, the proceedings of Criminal Case No. 532 of 2016, "State vs. Anil Goswami and others" under Sections 147, 148, 149, 323, 324, 504 and 506 of I.P.C., pending in the Court of learned Judicial Magistrate-II, District Haridwar are hereby quashed, so far it relates to the applicants only.
The C-482 application is, accordingly, disposed of.
(N.S. Dhanik, J.)
Shiksha 13.09.2019