A single judge bench of the Justice Sharad Kumar Sharma of Uttarakhand HC has quashed the proceedings of the Special Sessions Trial No.1983 of 2020, “State vs Mohit Kumar” pending before the court of Civil Judge (JD)/JM, Roorkee, District Haridwar, on relying on statements made by the victim during video conferencing in the court.
Facts:
The challenge in the present C482 application as given by the present applicant is to the Charge Sheet no.376/2019, dated 30.08.2019, as well as the summoning order dated 18.11.2020, which has resulted into the commencement of the Special Sessions Trial No.1983 of 2020, “State Vs. Mohit Kumar”, whereby he has been summoned by the order 02.09.2020 to be tried for the offences under sections 356, 376, 379, 506 and 511 of IPC, which was registered against him initially as Case Crime No.543 of 2019, at Police Station Kotwali Roorkee, District Haridwar.
After taking cognizance of the proceedings, the Special Session Trial, is pending consideration before the court of Civil Judge (J.D.)/J.M. Roorkee, District Haridwar. The C482 application is accompanied with a Compounding Application and both contended that since the parties to the dispute have amicably settled their controversy, hence on the basis of an amicable settlement, the criminal proceedings, as such, may be dropped.
Observations of the Court:
The court observed after scrutinizing the set of allegations which had been leveled in the FIR, and ultimately in the charge sheet also dated 30.08.2019, the set of allegations pertaining to the offences under section 376, is apparently not made out as it would not fall under any of the conditions of rape as defined under Section 375 of IPC, coupled with the fact that the other allegations, which are not compoundable for example that of ection 511 of IPC, the respondent no.3, had made a statement through video conferencing, that the said set of allegations was leveled on the basis of the instructions and guidance, which was issued to her by the villagers and it was under pressure of the villagers, the FIR was registered, no such offence relating to 511 of IPC had ever chanced.
Decision:
The court in the light of the wider principles laid down by the Hon’ble Apex Court, with regards to the ambit of the composition of offence, which are not compoundable under section 320, and the ambit of exercise of powers under section 482 of CrPC has held that since the victims have made a candid statement, that they do not want to prosecute the present applicant any further, coupled with the fact that in view of the reasoning which has already been assigned above, the present C482 application stand allowed, as a consequence thereto the proceedings of the Special Sessions Trial No.1983 of 2020, “State Vs. Mohit Kumar”, pending consideration before the Judicial Magistrate, Roorkee, District Haridwar, hereby stand quashed in terms of the compounding application, and the contents made, therein.
Case: Mohit Kumar vs State of Uttarakhand and others
Citation: Criminal Misc. Application No.1651 of 2021
Coram: Justice Sharad Kumar Sharma
Dated: 10.10.2022
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