C482/1948/2022
2022 Latest Caselaw 3438 UK

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                                  C482 No. 1948 of 2022
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Gaurav Singh, Advocate, for the applicants.

Mr. Atul Kumar Shah, Deputy A.G., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

Mr. Rakesh Negi, Advocate, on behalf of Mr. Shariq Khurshid, Advocate, for the private respondents.

This Court feels to formulate the following question :-

"As to whether, after the appellate court's judgment of conviction, the offence could be compounded by the High Court, while exercising its powers under Section 482 of the Cr.P.C., by invoking the provisions contained under Section 320 of the Cr.P.C. ?"

The learned counsel for the applicants submits, that similar issue was considered by the Coordinate Bench of this Court in Criminal Misc. Application No. 971 of 2022, in which, the appellant court's judgment of conviction was compounded by the Court, while exercising its power under Section 482 of the Cr.P.C. But the judgment in itself does not speak about, that the order has been passed while considering the Compounding Application.

Hence, put up this C482 Application on 7th November, 2022, along with the records of C482 Application No.971 of 2022.

A request has been made by the learned counsel for the applicants, that considering the age of respondent No.2, her presence may be recorded. But this Court is of the view, that in case, the question framed above, is answered negative, recording of presence of respondent No.2, would be a futile exercise.

In that eventuality, the respondent No.2, makes a statement before this Court, that whatsoever proceedings are being held in the present C482 Application in future, her son Sachin, would be representing her cause and he would be instrumental in the compounding proceedings on her behalf, if at all, it is required to be ventured into by the Court.

In view of the above, the presence of respondent No.2, would hereby remain exempted.

(Sharad Kumar Sharma, J.) Dated 21.10.2022 Shiv