Uttarakhand High Court
Faizaan And Another ... vs State Of Uttarakhand And Others on 22 June, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Criminal Misc. Application (C-482) No. 293 of 2021
Faizaan and another .....Applicants
Versus
State of Uttarakhand and others ......Respondents
Mr. M.S. Pal, learned Senior Counsel assisted by Mr. Sachin, learned
counsel for the applicants.
Ms. Mamta Joshi, learned Brief Holder for the State.
Mr. Aamir Malik, learned counsel for the private respondents.
Dated: 22nd June, 2021
Hon'ble N.S. Dhanik, J.
By way of present application, moved
under Section 482 of Cr.P.C. the applicants seek to
quash the charge sheet; summoning order dated
10.12.2020 & 25.01.2021 and the entire proceedings of
Criminal Case No. 7989 of 2020, "State v. Faiza" and
Criminal Case No. 148 of 2021, "State v. Jishaan" on
the basis of the compromise arrived between the
parties.
2. In support of compounding application (IA
No. 1 of 2021), affidavits have been filed by Shri
Faizaan (applicant no. 1), Shri Jishaan (applicant no.
2), Shri Noor Mohammad (respondent no. 3), Shri
Lavrej Abbasi (Injured No. 1), Mohd. Aasif Ansari
(Injured No. 2), Shri Vaseem Ahmad (Injured No. 3)
and by Shri Shoaib (Injured No. 4). It has been
submitted that the parties have amicably settled their
dispute and the injured do not want to prosecute the
accused applicants. Applicants, respondent no. 3 and
injured are present in the court today and they are
duly identified by their respective counsel. They also
admitted the facts mentioned in the compounding
application.
3. Learned State Counsel opposed the
compounding application and contended that offence
under Section 307 of IPC, for which the accused
applicants are facing trial, is non-compoundable and
also submitted that the injuries are grievous in
nature.
4. Learned Counsel for the accused
applicants contended that the injured received
injuries which are not dangerous for life. Learned
Counsel placed reliance on a recent judgment of
Hon'ble Apex Court in State of Madhya Pradesh v.
Laxmi Narayan, (2019) 5 SCC 688, wherein it has
been observed as under:
"Offences under Section 307 IPC would fall in the
category of heinous and serious offences and
therefore are to be generally treated as crime against
the society and not against the individual alone.
However, the High Court would not rest its decision
merely because there is a mention of Section 307 IPC
in the FIR or the charge is framed under this
provision. It would be open to the High Court to
examine as to whether incorporation of Section 307
IPC is there for the sake of it or the prosecution has
collected sufficient evidence, which if proved, would
lead to proving the charge under Section 307 IPC.
For this purpose, it would be open to the High Court
to go by the nature of injury sustained, whether such
injury is inflicted on the vital/delicate parts of the
body, nature of weapons used, etc. Medical report in
respect of injuries suffered by the victim can
generally be the guiding factor. On the basis of this
prima facie analysis, the High Court can examine as
to whether there is a strong possibility of conviction
or the chances of conviction are remote and bleak. In
the former case it can refuse to accept the settlement
and quash the criminal proceedings whereas in the
latter case it would be permissible for the High Court
to accept the plea compounding the offence based on
complete settlement between the parties. At this
stage, the Court can also be swayed by the fact that
the settlement between the parties is going to result
in harmony between them which may improve their
future relationship."
5. Needless to say, non-compoundable
offences cannot be compounded. But considering the
nature of injuries, above authority of the Hon'ble
Apex Court and also 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
in Gian Singh v. State of Punjab & Another, (2012) 10
SCC 303, where there is a 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 a futile exercise, the compromise
should be accepted and the proceedings should be
quashed.
6. 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.
7. Consequently, the entire proceedings of the
entire proceedings of Criminal Case No. 7989 of 2020,
"State v. Faiza" and Criminal Case No. 148 of 2021,
"State v. Jishaan" are hereby quashed, so far it relates
to the applicants only. The Present criminal
miscellaneous application stands disposed of
accordingly. Inform the Court concerned accordingly.
(N.S. Dhanik, J.)
22.06.2021
SB
