Himachal Pradesh High Court
Ricky Sharma S/O Sh. Raman Sharma & ... vs State Of H.P. And Others on 27 December, 2016
Author: P. S. Rana
Bench: P. S. Rana
HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MMO No. 318/2016
.
Date of order: 27.12.2016
Ricky Sharma s/o Sh. Raman Sharma & Others
.....Petitioners/Accused
Versus
State of H.P. and others
......Non-petitioners
of
Coram:
The Hon'ble Mr. Justice P. S. Rana, Judge.
Whether approved for reporting? Yes1
For petitioners
rt : Mr. H. S. Rana, Advocate
For non-petitioners No.1 & 2 : Mr. M. L. Chauhan, Addl.A. G.
For non-petitioner No.3/ : Mr. Sanjeev Kuthiala, Advocate
complainant
P. S. Rana, J. (Oral)
ORDER:
Present petition is filed under Section 482 read with section 320 Code of Criminal Procedure 1973 on behalf of petitioners for giving permission to compound criminal offence punishable under sections 498- A, 406 & 109 IPC relating to FIR No.100/2011 dated 20.4.2011 registered at Police Station Baddi District Solan (H.P.).
Brief facts of case:
2. It is alleged by prosecution that on dated 20.04.2011 at village Basanti Bagh Baddi accused persons committed cruelty upon complainant 1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 21:49:22 :::HCHP 2 by way of beating her and also by way of expelling her from matrimonial house. It is alleged by prosecution that accused persons were entrusted .
with ishtridhan of complainant and accused persons converted ishtridhan to their personal use. After investigation challan filed against accused persons before Judicial Magistrate Ist Class Court No.2 Nalagarh Distt.
Solan (H.P.) and Judicial Magistrate Ist Class Court No.2 Nalagarh framed of charge against accused persons on dated 09.09.2013 under sections 498- A, 406 & 109 IPC. Accused persons did not plead guilty and claimed trial.
rt Learned Trial Court listed the case for prosecution evidence.
3. Court heard learned Advocate appearing on behalf of petitioners and learned Additional Advocate General appearing on behalf of non-
petitioners No.1 & 2 and also heard Smt. Shruti Sharma complainant present in person . Court also perused the entire records carefully.
4. Following points arises for determination:
1) Whether petition filed under Section 482 read with section 320 Code of Criminal Procedure 1973 is liable to be accepted as mentioned in memorandum of grounds of petition?
2) Final order.
Findings upon point No.1 with reasons:
5. Submission of learned Advocate appearing on behalf of petitioners that lawful compromise has been executed inter se parties in matrimonial dispute and permission to compound the present case be granted is accepted for reasons hereinafter mentioned. In the present case Court ::: Downloaded on - 15/04/2017 21:49:22 :::HCHP 3 recorded statement of complainant namely Shruti Sharma and also recorded statements of accused persons namely Ricky Sharma, Raman .
Kumar, Asha Kiran, Pradeep Thakur, Punam Thakur and Ramesh Sharma placed on record. Accused persons have also paid Rs.4,60,000/- (Four lac sixty thousand) to complainant in Court by way of drafts No.258668 and 010675.
of
6. Hon'ble Apex Court of India in ruling reported in 2014(4) SC 573 JT Narinder Singh and others Vs. State of Punjab and rt another held that following criminal cases should not be compounded.
(1) Murder criminal case (2) Rape criminal case (3) Dacoity criminal case (4) Prevention of Corruption Act criminal case (5) Criminal cases filed under section 307 IPC. Hon'ble Apex Court of India in ruling cited supra held that following criminal cases should be compounded. (1) Commercial transaction criminal cases (2) Matrimonial disputes criminal cases (3) Family disputes criminal cases. It is held that present case falls in the category of matrimonial dispute criminal case. Court is of the opinion that it is expedient in the ends of justice to give permission to compound the present case. Hence permission to compound the present case is granted in the ends of justice while exercising inherent powers under section 482 Code of Criminal Procedure 1973. Point No.1 is answered in affirmative.
Point No.2 (Final Order).
7. In view of findings upon point No.1 present petition filed under Section 482 read with section 320 of Code of Criminal Procedure 1973 is ::: Downloaded on - 15/04/2017 21:49:22 :::HCHP 4 allowed and permission to compound criminal case No.90/2 of 2011 title State Vs. Ricky Sharma and others pending before learned Judicial .
Magistrate Court No.2 Nalagarh Distt. Solan (H.P.) under sections 498-A, 406 and 109 IPC is granted in the ends of justice and accused persons are acquitted qua criminal offence punishable under sections 498-A, 406 & 109 IPC. Statement(s) of complainant Smt. Shruti Sharma and accused of persons namely Ricky Sharma, Raman Kumar, Asha Kiran, Pradeep Thakur, Punam Thakur and Ramesh Sharma recorded on 27.12.2016 will rt form part and parcel of order. File of learned Trial Court alongwith certified copy of order be sent back forthwith for compliance. Cr.MMO No.318/2016 is disposed of. Pending application(s) if any also disposed of.
December 27, 2016 (P. S. Rana),
(rana) Judge.
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