Unknown vs Ravi Bhatt @
2023 Latest Caselaw 2025 UK

                      Office Notes,
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         Date                                       COURT'S OR JUDGES'S ORDERS
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      02.08.2023                        C482 No. 1434 of 2023
                                        Hon'ble Sharad Kumar Sharma, J.

Mr. H.S. Rawal and Mr. Amit Kapri, Advocates, for the applicants.

Mr. T.C. Aggarwal, Deputy Advocate General, for the State.

Mr. Chandramauli Shah, Advocate, for the respondent.

A proceeding of Special Sessions Trial No. 24 of 2022, State Vs. Ravi Bhatt @ Ravindra Bhatt @ Rabiya and others, it stood instituted before the Court of Special Sessions Judge, Pithoragarh, District Pithoragarh. The Special Sessions Trial was being conducted for the offences under Sections 147, 323, 325, 308, 504, 506, 34 of IPC and Section 3(1)(Da)(Dha) of the SC/ST Act.

The C482 Application, the challenge has been given to the aforesaid proceedings, as well as to the consequential Chargesheet, as it was submitted on 02.05.2022 and the summoning order dated 20.05.2022, as issued against the present applicants, who are the accused persons to face the proceedings of the aforesaid Special Sessions Trial No. 24 of 2022, State Vs. Ravi Bhatt @ Ravindra Bhatt @ Rabiya and others.

The C482 Application is listed today along with the Compounding Application IA/1/2023).

The parties to the proceedings are present in person and particularly, this Court had interacted with complainant respondent No. 2 Suraj Kumar, who has made a statement that he has entered into a settlement with the present applicants and as a consequence thereto, he doesn't intend to prosecute the present applicants any further and the said assertion finds place in the Compounding Application which has been duly signed by both the parties including their respective counsels, fortifying the terms of the compounding application which has been given therein.

The Compounding Application is being opposed by the State, on the ground that some of the offences are not compoundable; for example, that of Section 308 of IPC.

So far as the offence under Section 308 of IPC is concerned, the nature of offence, as it has been described in the FIR, it doesn't satisfy the elements of Section 308 of IPC, which could at all have been attracted to prosecute the present applicants for the aforesaid offences, coupled with the fact, that the objection raised by the learned Government Advocate that since the offence being in relation to the SC/ST Act, it could not be compounded.

The same has been answered by the applicants' counsel that arising from the same offence, there was another Special Sessions Trial, being Sessions Trial No. 29 of 2022, State Vs. Himanshu Singh, which was being conducted by the Sessions Court and the same was compounded qua the co- accused person in C482 Application No. 1505 of 2023, by the judgment rendered on 27.07.2023.

In view of the fact that under the same set of circumstances when the offence has already been compounded after hearing the learned Counsel for the State, the State cannot be permitted to take a somersaulted stand in this C482 Application which is almost based upon a similar facts and circumstances and in relation to same incident which is reported to have chanced in FIR on 14.01.022.

Owing to the aforesaid fact and particularly the settlement made by the parties, who are present in person and for the grounds already narrate above, the C482 Application would stand disposed of and as consequence thereto, the

of 2022, State Vs. Ravi @ Ravindra Bhatt @ Ravia & others, pending consideration before the Court of Special Sessions Judge, would hereby stand quashed.

(Sharad Kumar Sharma, J.) 02.08.2023 Mahinder/