C482/2005/2022
2022 Latest Caselaw 3567 UK

                   Office Notes, reports,
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SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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      10.11.2022
                                            C482 No. 2005 of 2022
                                            Hon'ble Sharad Kumar Sharma, J.

Mrs. Prabha Naithani, Advocate, for the applicant.

Mr. T.C. Aggarwal, Deputy Advocate General, along with Mr. Tumul Kumar Nainwal, Brief Holder, for the State.

Ms. Rajni Rangwal, Advocate, for the respondents.

The complainants/respondent Nos. 2 and 3 are present in person before this Court. They have been duly identified by their counsels, namely Ms. Rajni Rangwal, Advocate. The complainants, on being interacted by this Court, they have made a statement before this Court, that the grievance, which was the subject matter of Criminal Case No. 2873 of 2022, State Vs. Akhlak Ahmad, whereby the applicant has been summoned to be tried for the offences under Sections 406 & 420 of IPC, as registered at P.S. Pithoragarh, pending consideration before the Court of Chief Judicial Magistrate, Pithoragarh, district Pithoragarh has been redressed.

The aforesaid statement of the complainants/respondents stands fortified by the affidavit filed by them along with the Compounding Application (IA/1/2022), which has been duly signed by them, as well as by their respective counsels, who have verified the contents of the Compounding Application and the conditions of composition of offence.

Since the offences which have been complained of, for which the trial is being conducted against the present applicant, being the offences under Sections 406 and 420 of IPC, they fall to be compoundable under sub Section (2) of Section 320 of the CrPC and the table contained therein, the present Compounding Application, would hereby stand allowed. As a consequence thereto, on the basis of the statement made by the complainants and the averments made by the affidavit, filed in support of the Compounding Application, the proceedings of Criminal Case No. 2873 of 2022, State Vs. Akhlak Ahmad, pending consideration before the Court of Chief Judicial Magistrate, Pithoragarh, district Pithoragarh, would hereby stand dropped.

As a consequence of today's judgment, since the proceedings of Criminal Case No. 2873 of 2022, State Vs. Akhlak Ahmad has been dropped by this Court, it goes without saying that the applicant, who is languishing in jail, is bound to be released, subject to the condition that no other proceedings as of now stands pending before any Court, and that he is not wanted in any other case.

Sharad Kumar Sharma, J.) 10.11.2022 Mahinder/