C482/2552/2019 of RAJKUMAR Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application (CRMA 3635/2019) In

CRIMINAL MISCELLANEOUS APPLICATION No. 2552/2019 (Under Section 482 of the CrPC)

Rajkumar

…….Applicant

Versus

State of Uttarakhand & Another

……Respondents

Mr. Sanjeev Singh, Advocate, for the applicant. Mr. Pramod Tewari, Brief Holder, for the State.

Mr. Niranjan Bhatt, Advocate, for the complainant/victim.

November 21, 2019

Hon’ble Narayan Singh Dhanik. (Oral)

Present criminal miscellaneous application, along with compounding application, under Section 482 CrPC has been filed for quashing the entire proceedings against the applicant in Criminal Case No. 1996/2019, State v. Rajkumar, under Sections 420, 467, 468, 506 IPC, pending before the IInd Judicial Magistrate, Haridwar.

The complainant/victim and accused applicant have filed their respective affidavit stating that they have entered into compromise and amicably settled their dispute. Accused applicant, victim/complainant, duly identified by their respective Counsel, were present in person before this Court on 20.11.2019. They ratified that they have entered into compromise and amicably settled their dispute and the complainant/victim does not want to prosecute the applicants.

Reliance has been placed on the judgments of the Hon’ble Apex Court rendered in Nikhil Merchant v. C.B.I. & Ors,(2008) 9 SCC 677;B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and inGian Singh v. State of Punjab & Another, (2012) 10 SCC 303.

Learned State Counsel orally objected to the compounding application stating that offences under Sections 467 and 468 IPC are non-compoundable.

Needless to say that non-compoundable offences cannot be compounded. However, if there is genuine compromise between the parties and the complainant/victims do not want to prosecute the accused persons, no useful purpose would be served if the proceedings are allowed to continue as the same would ultimately result in the acquittal of the accused.

Therefore, keeping in view the legal proposition of law propounded by the Hon’ble Apex Court and the compromise arrived at between the parties, this Court is of the view that continuance of the proceedings, after the compromise having been arrived at between the parties, would be futile exercise.

Hence, the compromise entered into between the parties is accepted. Compounding application is allowed. Consequently, the entire proceedings against the applicant in Criminal Case No. 1996/2019, State v. Rajkumar, under Sections 420, 467, 468, 506 IPC, pending before the IInd Judicial Magistrate, Haridwar, are hereby quashed. Present criminal miscellaneous application stands disposed of accordingly.

(Narayan Singh Dhanik, J.)