C482/2725/2019 of SADAKAT ALI Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Miscellaneous Application No. 2725 of 2019(Under Section 482 CrPC)

Sadakat Ali & Others

…... Applicants

Versus

State of Uttarakhand & Another ….…Respondents

Mr. D.N. Sharma, Advocate, for the applicants. Mr. Pramod Tewari, Brief Holder, for the State. Mr. Mohit Kumar, Advocate, for the complainant/victim.

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 25.4.2018, summoning order dated 29.6.2018 as well as the entire proceedings of Criminal Case No. 5779 of 2018, State v. Sarafat Ali & Others, under Sections 147, 148, 323, 324 and 506 IPC, pending in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar.

Consequent upon the FIR lodged by the respondent no. 2 against accused applicants, investigation was made and chargesheet was submitted and thereafter the accused applicants have been summoned to face trial for the aforementioned offences.

In the compounding application, duly supported by the affidavits of applicant no. 1 and the complainant/respondent no. 2 as well as the victims, it has been stated that parties have amicably settled their dispute and the complainant and the victim do not want to prosecute the accused applicants. Accused persons, the complainant and the victims, duly identified by their respective Counsel, appeared in person before this Court on 6.12.2019. 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 147, 148 and 324 IPC are non-compoundable.

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, the chargesheet dated 25.4.2018, summoning order dated 29.6.2018 as well as the entire proceedings of Criminal Case No. 5779 of 2018, State v. Sarafat Ali & Others, under Sections 147, 148, 323, 324 and 506 IPC, pending in the Court of Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. Present criminal miscellaneous application stands disposed of.

(N.S. Dhanik, J.)

8.1.2020