C482/1082/2023
2023 Latest Caselaw 1987 UK

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                                 C482 No.1082 of 2023
                                 With
                                 IA/1/2023(Compounding Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Pradeep Chamyal, learned counsel for the applicant.

Mr. A.K. Sah, learned Deputy Advocate General for the State.

Mr. B.S. Bhandari, learned counsel for respondent no.2.

As a consequence to the incident, which has chanced on 16.11.2017 at 8:00 p.m., it was alleged, that the present applicant was involved in commission of offences under Sections 307, 452, 504 and 506 of the IPC.

As per the set of allegations, which could be derived from the FIR No.510 of 2017 as it was registered by the complainant/ Mukul Tripathi @ Tonu, for the involvement of the present applicant mentioned therein to be involved in the commission of the aforesaid offenses.

In accordance with the set of allegations levelled by the complainant, he has complained of that, out of the named accused persons, two of them, were equipped with country-made pistols and they were said to have fired upon the complainant, which hit his left arm and had caused a gunshot injury.

The matter was investigated and Chargesheet No.39 of 2018 dated 10.02.2018 was submitted by the Investigating Officer and the Investigating Officer, after examining the witness, which were placed before him had, ultimately, opined, that so far as the other co-accused persons are concerned, who are named in the FIR, the offences under Section 307, 452, 504 and 506 of the IPC were not made out, except for Narendra Singh, on whom the specific allegation was found to have been established, to with regards to assigning of a role of having fired upon the complainant-Mukul Tripathi @ Tonu.

So far as the injuries, which were suffered by the victim are concerned, if the medical report dated 17.11.2017 is taken into consideration, the Doctor has opined that the victim has suffered one gunshot injury, on his left upper arm on a lateral side and there was charring and blackening, which was present in and around the wound, which was suffered by the victim.

Meaning thereby as per the nature of the injures, which were suffered and described by the Medical Officer, the gunshot was made from a very close distance resulting into charring and blackening. Ultimately, the Doctor has opined that looking to the nature of injuries, which were fresh in nature, they were simple in nature and they were not fatal to life nor were they observed to be grievous.

It is upon the submission of the chargehseet in the ST No.228 of 2019, "State Vs. Nagendra Singh Chaudhary", the proceedings stood instituted before the Court of learned Second Additional Sessions Judge, Rudrapur, District Udham Singh Nagar, in fact, which happens to be registered as Sessions Trial No.228 of 2019, as a consequence of the cross-case of Sessions Trial No.237 of 2019, "State Vs. Mukul Tripathi and Another", which has been compounded by this Court in C482 Application No.1075 of 2023.

The compounding application, which has been filed by the parties to the proceedings, apart from the fact, that they are joint signatories to the compounding application; they are present in person before this Court; and they have been duly identified by their respective counsels. The compounding application, apart from the fact, that it has been signed by them, which has been verified by their respective counsels, supporting the contentions and the conditions mentioned therein for the composition of the offences, coupled with the fact that, this Court has interacted with the complainant - Mukul Tripathi @ Tonu and he has made a statement, in support of the compounding application, contending therein that the incident which has chanced on 16.11.2017, the parties are agreeable to settle the dispute in terms of the compounding application.

The Government Advocate opposes the compounding application, on the ground, that the offences under Section 307 and 452 of the IPC are not compoundable, but even, according to the statement of the Doctor, on which the reliance has been placed by the Government Advocate, the Doctor has observed that, as a consequence of the gunshot injuries, it was a superficial injury, which was caused to the complainant and it was not a bone deep injury which could have been fatal to life.

Since, in view of the settlement arrived at between the parties, owing to the fact that they belong to the same locality and they want to resolve the controversy, which arose on 16.11.2017 and also because of the reason that in another C482 Application No.1075 of 2023 the offences therein have been compounded, this C482 Application too is being sought to be compounded for the terms and the conditions mentioned in the compounding application.

Being conscious of the fact that this C482 Application engages a consideration for composition of offences under Section 307 of the IPC, this Court cannot rule out the conditions, as provided in paragraph no.29.6 of the Hon'ble Apex Court's judgment in the case of Narendra Singh Vs. State of Punjab as reported in (2014) 3 SCC (Cri) 54, as to under what circumstances the offence under Section 307 of the IPC could be compounded by the Court while exercising its inherent powers under Section 482 of the Cr.P.C. This would be a case which would be falling within the ambit of paragraph no.29.6 of the said judgment for the reason being that, according to the medical report and the Doctor's report that the injury was not caused on the vital part of the body nor it was reported to be fatal to life and as such, it will be falling within the parameters of paragraph no.29.6 of Narendra Singh judgment (supra) for composition of the offence under Section 307 of the IPC.

Owing to the compounding application and the conditions levelled therein and, particularly, in the context of the statement made by the parties to the C482 Application, who are present in person, who have made a statement that they intend to compound the offence as they have settled their scores outside the Courts, this C482 Application stands disposed of and, as a consequence thereto, the proceedings of Sessions Trial No.228 of 2019, "State Vs. Nagendra Singh Chaudhary @ Sonu" pending considering before the Court of learned Second Additional Sessions Judge, Rupradpur, District Udham Singh Nagar, would hereby stand quashed, subject to the compliance of the following conditions, which are given hereunder:

"1. That the applicant would be planting 5 trees in an area to be identified by the Horticulture Department of his District to which he belongs, at his own cost.

2. The plantation of the trees would be made in the respective areas, from which he belongs, under the supervision of the Horticulture Department.

3. It is only upon the submission of the certificate of the planting of the five trees to be issued by the competent authority of the Horticulture Department, which has to be submitted before the competent Court ceased with the criminal proceedings, that the proceedings would be dropped, in compliance of today's order passed in the present C482 application.

4. If the aforesaid compliance is not made within a period of one month from today, it will automatically result into the revival of the aforesaid criminal proceedings.

5. If at any stage, any Officer of the Horticulture Department is found to have issued a fraudulent certificate, he would be criminally dealt with in accordance with law."

It is made clear that if the above conditions are not complied with, within the aforesaid time frame, as provided by the conditions imposed above, the order of composition would not be given effect to until and unless the proof of compliance is placed before the Sessions Court.

Subject to the aforesaid, the matter is compounded and the C482 Application would stand disposed of accordingly.

(Sharad Kumar Sharma, J.) 01.08.2023 Sukhbant