Uttarakhand High Court
C482/1945/2023 on 8 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. 1945 of 2023
Hon'ble Rakesh Thapliyal, J.
1. Mr. Anoop Jaiswal, learned counsel for the
applicants.
2. Mr. Saurabh Pandey, learned Brief Holder for the
State.
3. Mr. Shankar Aggarwal, learned counsel for the
respondents no. 4 to 8.
4. Present compounding application has been filed
along with affidavit of applicants and respondents no. 4 to
5. Applicant no. 1 - Pratham Danu and respondent no.
5 Rajendra Sharma and respondent no. 8 - Dheeraj Sharma,
appear through V.C. whereas applicants no. 2 and 3 and
respondent nos. 4, 6 and 7 are present, in person, before this
Court.
6. A first information report no. 333 of 2021 was lodged
by Ms. Guddi Sharma - respondent no. 4 against the
present applicants for the offence punishable under Sections
147, 149, 323, 452, 504, 506 IPC, Police Station - Rudrapur,
District - Udham Singh Nagar. As per the FIR, on 28.05.2021
complainant's grandson namely Shivam (minor) went to
buy medicine ENO from a medical store and on reaching
medical store, applicant no. 1 abused and threatened him
and on the same day, at about 08.00 p.m. applicants along
with others entered into the house of the complainant and
abused them and threatened to kill Shivam. After
investigation, charge-sheet bearing no. 01 of 2021 was filed
on 30.03.2022 in the court of the Chief Judicial Magistrate,
Udham Singh Nagar for the offences punishable under
Section 323, 452, 504, 506 IPC, on which, learned Magistrate
took cognizance on 06.02.2023 and applicants were
summoned. Thereafter, present C-482 petition has been filed
for quashing of the criminal proceedings on the ground that
parties have entered into compromise orally and there is no
dispute between them and complainant's side have no
grudge against the applicants.
7. Learned counsel for the parties submits that no useful
purpose will be served if criminal case is permitted to
continue.
8. I have perused the affidavits of the applicants and
private respondents, who are residing of same locality.
9. Applicants no. 2 and 3 and respondent nos. 4, 6 and 7
are present, in person, before this Court and they are
identified by their respective counsel through their Adhar
Cards. Applicant no. 1 and respondents no. 5 and 8, who
appear through V.C. are also identified by their respective
counsel.
10. This Court interacted with the applicants and
respondents no. 4 to 8 and all of them submitted that the
dispute has been settled between the parties.
11. Learned State Counsel submits that though the
dispute has been settled between the parties but Section 452
IPC is not compoundable.
12. 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 in view of the
law laid down by the Hon'ble Supreme Court even the
offence under Section 452 IPC can be compounded.
13. Since applicants and respondents no. 4 to 8 have
settled their dispute amicably and respondent nos. 4 to 8 do
not want to pursue the criminal case no. 361 of 2023, as
such, the instant compounding application deserve to be
allowed.
14. Accordingly, the compounding application is
allowed. Entire proceedings of Criminal Case No. 361 of
2023 (State Vs. Pratham Danu and others) for the offences
punishable under Sections 323, 452, 504, 506 IPC pending in
the Court of Chief Judicial Magistrate, Rudrapur, Udham
Singh Nagar, arising out of FIR No. 333 of 2021, Police
Station - Rudrapur, District - Udham Singh Nagar, are
quashed.
15. In view of this, present C-482 petition is also disposed
of.
(Rakesh Thapliyal, J.)
08.11.2023
SKS
