Uttarakhand High Court
C482/2162/2023 on 6 November, 2023
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
Compounding Application No. 01 of 2023
In
C 482 No. 2162 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Harshpal Sekhon, learned counsel for the
applicants.
2. Mr. Saurabh Pandey, learned Brief Holder for the
State.
3. Mr. Jasmeet Sahota, learned counsel for the
respondents no. 2 to 4.
4. Present compounding application has been
moved by the applicants and respondents no. 2 to 4,
which is duly supported by the affidavit of applicants
and respondents no. 2 to 4.
5. Complainant - Karamjeet Singh lodged the FIR
on 19.12.2018, which is registered as FIR No. 410 of
2018 for the offences punishable under Sections 147,
323, 504, 506 IPC, Police Station - Kichha, District -
Udham Singh Nagar, against the present applicants.
After lodging of the FIR, investigation was carried out
and charge-sheet was filed on 08.04.2019 wherein trial
court took cognizance on 11.09.2019. A medical report
of the complainant is also enclosed with the petition
and on perusal of which, it appears that injuries are
simple in nature.
6. Learned counsel for the applicants and learned
counsel for the respondents no. 2 to 4 submit that after
intervention of some well wishers of the village, now
the matter has been amicably settled between the
parties. Therefore, by the instant compounding
application a relief has been sought that the offences in
which cognizance has been taken against the applicants
be compounded and proceedings be quashed.
7. All the applicants namely Gagandeep Singh,
Ashutosh Bhadari, Amreek Singh and Simrandeep
Singh and victims / respondents no. 2 to 4 namely
Karamjeet Singh, Charanjeet Singh and Malkeet Singh
are present, in person, before this Court and they are
duly identified by their respective counsel through
their Adhar Card.
8. This Court interacted with the applicants and
respondents no. 2 to 4 and all of them submitted that
the dispute has been settled between the parties.
9. Learned State Counsel submits that though the
dispute has been settled between the parties but
Section 147 IPC is not compoundable.
10. In reference to this, learned counsel for the
parties have placed reliance on the judgment rendered
by the Hon'ble Supreme Court in the case of Gian
Singh Vs. State of Punjab (2012) 10 SCC 303 and
submit that view of the law laid down by the Hon'ble
Supreme Court offences including offence under
Section 147 IPC can be compounded.
11. Since applicants and respondents no. 2 to 4 have
settled their dispute amicably and respondent nos. 2 to
4 do not want to pursue the criminal case no. 5976 of
2019, as such, the instant compounding application
deserve to be allowed.
12. Accordingly, present petition and compounding
application are allowed. Proceedings of Criminal Case
5976 of 2016 (State Vs. Gagandeep Singh and others)
for the offences punishable under Sections 147, 323,
504, 506 IPC pending in the Court of Addl. Chief
Judicial Magistrate / 1st Addl. Civil Judge (Sr. Div.),
Rudrapur, Udham Singh Nagar, arising out of FIR No.
410 of 2018, Police Station - Kichha, District - Udham
Singh Nagar, qua the applicants, are quashed.
(Rakesh Thapliyal, J.)
06.11.2023
SKS
