Uttarakhand High Court
Hon'Ble Sharad Kumar Sharma vs Dev Singh And Others" on 18 October, 2022
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C-482 No. 1882 of 2022
With
C-482 No. 1885 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Shailendra Nauriyal, Advocate for
the applicant.
Mr. T.C. Aggarwal, learned Deputy
Advocate General along with Ms. Lata Negi,
Brief Holder for the State of Uttarakhand.
Mr. Shivanand Bhatt, Advocate for
private respondents.
These two C-482 applications are
emanating from the Criminal Case No. 270 of
2022 "State Vs. Dev Singh and others",
whereby the applicants to the C-482
applications, are being noticed to be tried for
the offences under Sections 366, 354, 354-D
& 120-B of I.P.C., which is presently pending
consideration before the court of Chief
Judicial Magistrate, Chamoli, District
Chamoli.
As per the set of allegations levelled in
the F.I.R., which was got registered on
24.04.2022, by the Uncle of respondent no.3,
the alleged victim, there are certain set of
allegations have been levelled allegedly for
involvement of the present applicants for
commission of the offences under Sections
366, 354, 354-D & 120-B of I.P.C.
The C-482 applications referred to
herein are being sought to be compounded,
on the ground that the cognizance, which
has been taken after submission of the
charge-sheet being Charge-Sheet No. 2 of
2022, dated 04.07.2022, by the Court of
Chief Judicial Magistrate, Chamoli, District
Chamoli, the same deserves to be quashed
owing to the so called theory of settlement,
referred to in the compounding application.
The compounding applications are
vehemently opposed by the learned
Government Advocate contending thereof
that the offences, under Sections 366 and
354-D of I.P.C. would not be compoundable
offences.
Infect this Court is of the view that if
the facts, which has been brought on record
by way of the whatsapp messages, which the
victim was sharing with the applicant to the
C-482 Application No. 1882 of 2022, and
particularly owing to the fact, referred to in
the F.I.R. that the respondent no.3-victim
was found voluntarily travelling in the Car,
along with the applicant, that itself dilutes
the impact of Sections 366, 354 & 354-D of
I.P.C., because it would not be a forceful act,
but rather a voluntary act, at the behest of
the victim-respondent no.3 herein, because
its not the case of the prosecution or the
complainant, that she was taken in the Car,
against her wishes, because as per the
narration of the F.I.R. itself, it does not
reflect that there was any alarm, which was
ever raised by the victim-respondent no.3, at
the time, when she was being taken in the
Car by the other inmates and the present
applicants, rather to the contrary, the victim-
respondent no.3 was found to be travelling in
the car along with Daulat Singh S/o Madan
Singh and along with other inmates.
In that eventuality, the offences under
Sections 366 & 354-D of I.P.C., cannot be
apparently said to have been made out
against the present applicant, who is
presently languishing in jail because of a
wrongful act of the registration of the F.I.R.
by the victim-respondent no.3, who was
apparently in intimate relationship with the
present applicant.
Owing to the aforesaid fact, coupled
with the fact, which has been referred to in
the compounding application, that since the
parties have settled their dispute outside the
Court, and which stands fortified by the
signatures of the complainants, namely,
Bharat Singh and Dharam Singh, this Court
is of the view, that in order to safeguard the
career of the present applicant, which has
been spoiled, on the basis of a wrongful
complaint registered by respondent no.3, the
dispute deserves to be resolved by exercising
inherent powers under Sections 482 Cr.P.C.,
in the light of the judgment rendered by the
Hon'ble Apex Court in catena of judgments,
which have already been dealt with the
aspect of compounding of offences, which are
not included under Section 320 of the Code of
Criminal Procedure, when the Courts, while
exercising its inherent power under Section
482 of the Code of Criminal Procedure or
under Article 226 of the Constitution of India
could be compounded by the High Court,
depending upon the circumstances of the
case.
Since, the parties to the proceedings
have now resolved their dispute, and they do
not intend to prosecute the present
applicants any further, the C-482
applications are hereby allowed, as a
consequence thereto the proceedings of
Criminal Case No. 270 of 2022 "State Vs. Dev
Singh and others", which is presently
pending consideration before the court of
Chief Judicial Magistrate, Chamoli, District
Chamoli, would hereby stand quashed and
the applicants herein will stand exonerated of
the set of allegations, which is levelled in the
F.I.R., registered by respondent no.3.
Subjects to the aforesaid, both the C-
482 applications stand allowed.
(Sharad Kumar Sharma, J.)
18.10.2022
Mamta
