C482/2424/2019 of HARKESH ALIAS RAKESH SAINI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Miscellaneous Application No. 2424 of 2019(Under Section 482 CrPC)

Harkesh @ Rakesh Saini & Others …... Applicants

State of Uttarakhand & Another ….…Respondents

Mr. Adarsh Tiwari, Advocate, i/b Mr. Harshpal Sekhon, Advocate for the accused applicants. Mr. Pramod Tewari, Brief Holder, for the State. Mr. Navjot Singh, Advocate, for the complainant.

Hon’ble N.S. Dhanik, J.

This Criminal Miscellaneous Application, under Section 482 CrPC, along with compounding application, is preferred to quash the chargesheet dated 20.3.2018, summoning order dated 17.4.2018 as well as the entire proceedings of Criminal Case No. 128 of 2018, State v. Simranjeet Singh @ Happy & Others, under Sections 420, 467, 468, 471, 506 IPC, pending in the Court of Judicial Magistrate, Jaspur, Udham Singh Nagar.

In the present case, FIR lodged by respondent no. 2 culminated into submission of chargesheet against the accused applicants, whereupon the cognizance order was passed asking the accused applicant to face trial for the aforementioned offences.

In the compounding application, duly supported by the affidavit of accused applicant no. 1 and the complainant/respondent no. 2, it has been stated that parties have amicably settled their dispute and the complainant does not want to prosecute the accused applicants. Accused applicants and the complainant, duly identified by their respective Counsel, appeared in person today. They admitted the contents of the compounding application and stated that they have entered into compromise and amicably settled the dispute.

Learned State Counsel opposed the compounding application and contended that offences

under Section 467, 468 and 471 IPC are non-compoundable and public money is involved in the present dispute.

Needless to say, non-compoundable offence cannot be compounded. But considering the proposition of law laid down by the Hon’ble Apex Court 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, where there is genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be futile exercise, the compromise should be accepted and the proceedings should be quashed.

Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted.

Consequently, chargesheet dated 20.3.2018, summoning order dated 17.4.2018 as well as the entire proceedings of Criminal Case No. 128 of 2018, State v. Simranjeet Singh @ Happy & Others, under Sections 420, 467, 468, 471, 506 IPC, pending in the Court of Judicial Magistrate, Jaspur, Udham Singh Nagar, are hereby quashed.

Present criminal miscellaneous application stands disposed of accordingly.

Prabodh

(N.S. Dhanik, J.) 9.1.2020