Uttarakhand High Court
Unknown vs Singh And Others on 15 October, 2022
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
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C482 No. 1869 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. M.K. Ray, Advocate for the applicant. Mr. T.C. Agarwal, D.A.G. for the State. This 482 application is supported with a compounding application preferred under section 320 of the Code of Criminal Procedure for composition of the criminal proceedings of Criminal Case No. 947 of 2020, State Vs. Gurmel Singh and Others, which is being tried by the court of Additional Chief Judicial Magistrate Rudrapur, District Udham Singh Nagar for the offences under Section 324 and 506 of the IPC.
The parties are present in person. This Court has consistently interacted with the complainant respondent no. 2, as to why he is compounding the offence particularly looking to the nature of injuries which was sustained and details of which were produced before this Court by the counsel for the applicant and as detailed in the complaint also. But, despite of consistent queries being placed by the Court to the respondent no. 2, he has submitted that he wants to withdraw his complaint and consequently, the criminal case too owing to the fact that all are residents of the same village and he has voluntarily settled the dispute in terms of the compounding application, which is duly signed by the complainant respondent no. 2, as well as the applicants herein.
The learned Government Advocate opposes the compounding application on the ground that the offences under section 324, apart from the fact that looking to the records which is brought before this Court, the nature of injuries and the part of the body of the victim, which was assaulted by the applicants was a vital part and that the nature of injuries were serious. The compounding application ought not to be considered by this Court. He further submits that the offence under Section 324 is not compoundable under Section 320 of the Code of Criminal Procedure.
But, considering the fact that the complainant respondent no. 2 has consistently maintained his stand, that he wants to withdraw the proceedings on his own volition and is not duressed upon by the present applicant in all fitness of things in order to resolve the controversy inter se between the parties, this Court while exercising its inherent powers under section 482 of the Code of Criminal Procedure allows the compounding application in terms of the assertions made therein, as well as in terms of the respective affidavits, filed by the applicants, as well as the complainant respondent no. 2. As such, the present 482 application would stand disposed of as a consequence thereto, resulting into the closure of the criminal proceedings of Criminal Case No. 947 of 2020, State Vs. Gurmel Singh and Others, but, it would be with a word of caution to the applicants that they should mend their ways in future and would not indulge themselves in any such types of activity lest failing which an appropriate action would be taken by the Police authorities in accordance with law against them.
Subject to the aforesaid, the 482 application stands disposed of.
(Sharad Kumar Sharma, J.) 15.10.2022 Ujjwal