C482/1738/2023
2023 Latest Caselaw 2712 UK

              Office Notes,
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SL.
      Date    or directions                        COURT'S OR JUDGES'S ORDERS
No
             and Registrar's
                order with
               Signatures
                               Compounding Application No. 1 of 2023
                               In
                               C 482 No. 1738 of 2023
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Tapan Singh, learned counsel for the applicant.

2. Ms. Mamta Joshi, learned Brief Holder for the State.

3. Mr. Ravi Bisht, learned counsel for the respondent no. 2.

4. Applicant - Mr. Mukesh Bhatt and respondent no. 2 - Vijay Mehtoliya are present, in person and they are duly identified by their respective counsel.

5. Parties have also produced photocopy of their Adhar Card duly signed by them and counter signed by their respective counsel today in the Court, which is taken on record.

6. Present applicant has been implicated by the informant for the offences cognizable under Section 348, 342 and 506 IPC pursuant to the FIR No. 173 of 2015. After investigation, charge-sheet no. 168 of 2015 was filed on 11.11.2015 in the court of Additional Chief Judicial Magistrate, Haldwani, who took cognizance on 05.03.2018.

7. This compounding application is supported by affidavit of applicant and respondent no. 2 sworn on 07.08.2023.

8. It is contended in the compounding application, which is supported by the affidavit of the applicant and respondent no. 2 that dispute between the parties is a business dispute, which is private in nature. Both the parties have entered into an amicable settlement and since both the parties have settled their dispute amicably, no useful purpose would be served in keeping the criminal proceedings pending.

9. Learned State Counsel has raised an objection that these offences are not compoundable under Section 320 Cr.P.C.

10. In reply to this objection, learned counsel for the parties have placed reliance on the judgment rendered by Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 wherein the Hon'ble Apex Court has held that if the offences are not against the society, then it can be compounded.

11. I have gone through judgment in the case of Gian Singh (supra).

12. Considering the facts and circumstances of the case and in view of legal proposition propounded by the Hon'ble Apex Court, present compounding application no. 1 of 2023 is allowed. Compromise arrived at between the parties is accepted.

13. Present petition is allowed in terms of the amicable settlement arrived at between the parties. Entire proceedings of Criminal Case No. 1098 of 2016 (State of Uttarakhand Vs. Mukesh Bhatt) for the offences cognizable under Section 384, 342, 506 IPC pending in the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital are hereby quashed.

14. I.A. No. 02 of 2023 also stands disposed of.

(Rakesh Thapliyal, J.) 15.09.2023 SKS