C482/480/2021
2021 Latest Caselaw 3912 UK

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                                  C482 N0. 480/2021
                                  Hon'ble N.S. Dhanik, J.

Mr. R.C. Tamta, Advocate, for the accused applicant.

Mr. V.K. Jemini, Dy. Advocate General, for the State.

Mr. Mohit Kumar, Advocate, for the complainant/victim.

Applicant has filed this C482 application along with compounding application (IA 1/2021) to quash the entire proceedings of Special Sessions Trial No. 50 of 2019, under Sections 324, 354D, 506 IPC and Sections 11/12 of the POCSO Act, pending before the FTC/Additional District and Sessions Judge, Special Judge, POCSO, Haldwani, District Nainital.

It has been stated in the compounding application that the parties have entered into compromise and amicably settled their dispute. Compounding application is duly supported by the affidavits of the victim (through her father) and complainant (father of the victim) and accused applicant and all three, duly identified by their respective Counsel, appeared today in person before this Court and stated that they have entered into compromise and amicably settled their dispute and now the complainant and victim do not have any grievance with the accused applicant. Therefore, learned Counsel for the parties to compromise prayed that the impugned proceedings be quashed in terms of the compromise.

Learned State Counsel objected to the compounding application stating that the victim is a minor and the offences under Sections 324 and 354D as well as the offence under the POCSO Act are non- compoundable.

Learned Counsel for the accused applicant submitted that there is no allegation of sexual assault in the FIR. Allegations are only regarding the physical assault. Learned Counsel relied on the judgments of Hon'ble Apex Court rendered in B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC 1, wherein the Hon'ble Apex Court indirectly permitted compounding of non-compoundable offences.

Considering the facts and circumstances of the case and in view of the legal proposition propounded by the Hon'ble Apex Court in the aforementioned cases, the compounding application is allowed. Compromise arrived at between the parties is accepted. Entire proceedings of Special Sessions Trial No. 50 of 2019, under Sections 324, 354D, 506 IPC and Sections 11/12 of the POCSO Act, pending before the FTC/Additional District and Sessions Judge, Special Judge, POCSO, Haldwani, District Nainital, are quashed qua the applicant in terms of the compromise.

Present C482 application stands disposed of accordingly.

(N.S. Dhanik, J.) 27.9.2021 Pr