C482/2787/2019 of AVNISH ALIAS MONU Vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Compounding Application (CRMA 4034/2019)

CRIMINAL MISCELLANEOUS APPLICATION No. 2787/2019 (Under Section 482 of the CrPC)

Avinash @ Monu & Others …….Applicants

Versus

State of Uttarakhand & Others ……Respondents

Mr. Rajendra Singh Azad, Advocate, for the accused applicants. Mr. Pramod Tewari, Brief Holder, for the State. Ms. Sheetal, Advocate, i/b Mr. Manoj Joshi, Advocate for the victims/complainant.

January 8, 2020

Hon’ble Narayan Singh Dhanik. (Oral)

Present criminal miscellaneous application, along with compounding application, under Section 482 CrPC has been filed for quashing the chargesheet, cognizance order dated 26.10.2018 and the entire proceedings of the Criminal Case No. 781 of 2018, State v. Monu @ Avnish & Others, under Sections 147, 148, 149, 323, 308, 504 and 506 IPC, pending in the Court of Additional Chief Judicial Magistrate, Laksar, District Haridwar.

Compounding application bears the signatures of signature of the parties and is supported by the affidavit of injured/respondent no. 3. Accused applicants and the complainant and the victim, duly identified by their respective Counsel, appeared in person before this Court today and ratified that they have entered into compromise and amicably settled their dispute and the complainant and the victim do not want to prosecute the applicant.

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.

Offences under Sections 323, 504 and 506 IPC are compoundable by the victim. However, the offences under Sections 147, 148, 149 and 308 IPC are non-compoundable. Learned State Counsel opposed the compounding application and contended that 147, 148, 149 and 308 IPC are non-compoundable and the victim has suffered grievous injuries. Learned Counsel for the applicants referred to the medical report and submitted that there is no conclusive opinion of the doctor that the injuries were dangerous to life. He also submitted that parties have entered into compromise in the cross-case.

Needless to say that non-compoundable offences cannot be compounded. However, if there is genuine compromise between the parties, no useful purpose would be served if the proceedings are allowed to continue.

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.

Consequently, compounding application is allowed. The impugned chargesheet, cognizance order dated 26.10.2018 and the entire proceedings of the Criminal Case No. 781 of 2018, State v. Monu @ Avnish & Others, under Sections 147, 148, 149, 323, 308, 504 and 506 IPC, pending in the Court of Additional Chief Judicial Magistrate, Laksar, District Haridwar, are hereby quashed. Present criminal miscellaneous application stands disposed of accordingly.

(Narayan Singh Dhanik, J.)