CRLA/156/2013
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Uttarakhand High Court

CRLA/156/2013 on 18 November, 2025

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                              IA No.491 of 2024 (Compounding Application)
                              In
                              CRLA No.172 of 2013

                              Hon'ble Ashish Naithani, J.

Mr. M.S. Pal, learned senior counsel assisted by Ms. Amreen Bano, learned counsel for the Appellant.

2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand.

3. Mr. Siddhartha Sah, learned counsel for the private Respondent.

4. This criminal appeal is preferred against the judgment and order dated 22.03.2013, passed by the court of learned Sessions Judge, Rudrapur, District Udham Singh Nagar, in S.T. No.318 of 2010, "State Vs. Jaichand Jain and others", whereby the Appellant was convicted under Section 307 of IPC and sentenced to undergo 10 years of rigorous imprisonment with a fine of Rs.10,000/-, and in case of default, the Appellant shall undergo one year simple imprisonment. Hence, the present criminal appeal.

5. Parties are present before this Court, who are being duly identified by their respective Counsels.

6. Today, the matter is listed for disposal of the Compounding Application which seeks permission to compound the offence on the ground that the parties have amicably resolved their differences.

7. After interacting with the parties, this Court is satisfied that a genuine compromise has been reached, as evidenced by the vague and inconsistent responses concerning the incident. Furthermore, after speaking with both the Appellant and the Complainant, it appears that their statements were made voluntarily and not under any duress or pressure.

8. Learned State Counsel has vehemently opposed the compounding application on the ground that Section 307 of IPC is not compoundable and the Appellant has criminal history.

9. Considering the facts and circumstances of the case, the Compounding Application is allowed. The compromise arrived at between the parties is accepted. Consequently, judgment and order dated 22.03.2013, passed by the court of learned Sessions Judge, Rudrapur, District Udham Singh Nagar, in S.T. No.318 of 2010, "State Vs. Jaichand Jain and others", is hereby quashed and set aside insofar as it relates to the present Appellant, in terms of the compromise.

10. The Criminal Appeal is disposed of accordingly.

(Ashish Naithani, J.) 18.11.2025 Nitesh/