Uttarakhand High Court
C482/989/2022 on 5 June, 2023
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IA No. 3 of 2023
In
C482 No. 989 of 2022
Hon'ble Sharad Kumar Sharma, J.
Mr. Shashi Kant Shandilya, Advocate, for the
applicants.
Mr. T.C. Agarwal, Deputy A.G, with Mrs.
Lata Negi, Brief Holder, for the State of
Uttarakhand.
Mr. Sachin Kumar Sharma, Advocate, for
respondent No.2.
The present C482 Application has its genesis
from the FIR, being FIR No. 205 dated 11th July,
2019, as it was got registered by the
complainant/respondent No.2, herein, as against the
named accused persons, who are the applicants, for
their alleged involvement in the commission of
offence under Sections 147, 323, 342, 354, 504 and
506 of the IPC.
As per the contents of the FIR, certain minor
altercation did took place between the present
applicants and the complainant, who happened to
be the family members, and due to which, the FIR
was registered by the complainant/respondent No.2.
The Investigating Officer concluded the
investigation, and after examination of as many as
eight witnesses, had submitted the chargesheet,
being Chargesheet No. 163 of 2019 dated 25th
August, 2019, on which, the cognizance has been
taken, and consequently, a summoning order was
issued on 28th August, 2020, calling upon the
applicants to participate in the proceedings of trial
before the Court of Judicial Magistrate, Haridwar,
in Criminal Case No. 623 of 2020, State Vs. Rajesh
Kumar and others.
The complainant, who is present in person,
has been duly identified by the respondent's
counsel. She makes a statement, that though she
does not deny the truthfulness of the allegation
levelled by her in the FIR, but owing to the peculiar
family circumstances, since it was a feud between
the family members, and she wants to maintain the
harmony amongst the family members, hence she
wants to compound the offence.
Accordingly, the parties to the C482
Application, have filed a Compounding Application
under Section 320 of the Cr.P.C., which has been
duly supported by the independent affidavits filed
by the applicants, as well as the complainant,
contending thereof, that since it was a family
dispute, and that the complainant does not intend to
proceed any further in the matter, because she has
to take care of her sister-in-law also.
Though some of the offences, which are
being sought to be compounded, they are not
compoundable under Section 320 of the Cr.P.C.,
but taking a considerate view, since it was a dispute
between the family members, this Court feels it apt
to exercise its inherent powers under Section 482 of
the Cr.P.C., and looking to the parameters, which
have been considered by this Court in the judgment
as reported in 2018 (2) UD, 680, Pan Singh Rana
Vs. State of Uttarakhand and another, which
deals with the circumstances, under which the
Court exercising inherent powers could compound
the offences, which are not otherwise
compoundable under Section 320 of the Cr.P.C.,
particularly with the perspective, that the harmony
amongst the family members has to be maintained
and even taken care of by the Court.
This Court while exercising its inherent
power allows the Compounding Application based
on the contents of the Compounding Application,
and the statement made by the parties to the C-482
Application.
Owing to the above, this C482 Application
would stand disposed of, and as a consequence
thereto, the proceedings of Criminal Case No. 623
of 2020, State Vs. Rajesh Kumar and others,
pending consideration before the Court of 2nd
Judicial Magistrate, Haridwar, would hereby stand
quashed.
(Sharad Kumar Sharma, J.)
Dated 05.06.2023
Shiv
