Uttarakhand High Court
C482/1596/2022 on 8 September, 2022
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
C-482 No.1596 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Vinod Chandra, Advocate for the
applicant.
Mr. Siddhartha Bisht, Brief Holder for the
State of Uttarakhand.
Mrs. Lata Negi, Advocate for respondent
no.2.
The present C-482 application has been
preferred by the applicant as against the summoning
order dated 06.04.2021 which has been passed by
the Judicial Magistrate 1st Haldwani, District
Nainital, summoning the applicant/accused person
for his alleged involvement in commission of
offence under Sections 323, 354, 354-A, 354-D,
504 and 506 of I.P.C. which was registered as Case
Crime No.12 of 2021, by the respondent
no.2/complainant, herein at P.S. Kotwali Mukhani,
District Nainital, which later on, on culmination of
the investigation, a charge sheet has been submitted
being Charge Sheet No.61 of 2021 dated
22.03.2021.
Though the parties have entered into a
settlement and particularly owing to the generosity
which has been expressed by respondent no.2, that
since she being a lady has to take care of her child
and she does not want to engage and indulge herself
in litigation and she wants to buy peace by
compounding the offences and ending the
proceedings.
This Court being conscious of the fact that
some of the offences for which the applicant is
being tried are not compoundable, under Section
320 of Cr.P.C. and particularly looking to the nature
of allegations which had been levelled against the
present applicant, in fact the compounding
application ought to have been rejected, because
such type of person for all practical purposes,
would be a menace to the society. But solely
considering the stand taken by respondent
no.2/complainant, herein that she wants to forgive
the present applicant for the alleged indecent act
complaint of by her and also considering the
objection taken by the Government Advocate with
regards to the effect of non composition of some of
the offences, but since the nature of offence which
has been complaint of are personal in nature and
they would not be having any wider social vital
effect, over the society as such, the compounding
application would stand allowed in terms of the
judgment reported in 2018 (2) UD 680, Pan Singh
Rana Vs. State of Uttarakhand and another.
Owing to the aforesaid settlements and also
considering the fact that the compounding
application has been signed by the parties, as well
as their respective counsels, the same would stand
allowed and as a result thereto, the proceedings of
Criminal Case No.2833 of 2021 State vs. Prem
Ram, pending before the court of Additional Chief
Judicial Magistrate/Judicial Magistrate 1st,
Haldwani, District Nainital would hereby stand
quashed.
The C-482 application accordingly, stands
allowed.
(Sharad Kumar Sharma, J.)
08.09.2022
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