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2020 DIGILAW 56 (UTT)

Aslam v. State Of Uttarakhand

2020-01-22

R.C.KHULBE

body2020
JUDGMENT R.C. Khulbe, J. - This Criminal Miscellaneous Application, under Section 482 CrPC , along with compounding application, is preferred to quash the chargesheet dated 28.04.20014, summoning order dated 12.06.2014 as well as the entire proceedings of Criminal Case No. 918 of 2019 (Old Case No. 1826/2014), State v. Aslam & Others, under Sections 324, 325, 504 and 506 IPC , pending in the Court of Judicial Magistrate 2 nd , Haridwar, District Haridwar. 2. In the present case, FIR lodged by respondent no. 2 culminated into submission of chargesheet, whereupon the cognizance order was issued asking the accused applicants to face trial for the aforementioned offences. 3. In the compounding application, duly supported by the affidavits of the accused applicants and respondent nos. 2 to 5, it has been stated that parties have amicably settled their dispute and the respondent nos. 2 to 5 do not want to prosecute the accused applicants. Accused applicants and the respondent nos. 2 to 5 duly identified by their respective Counsel, appeared in person today. They admitted the contents of the compounding application and stated that they have entered into compromise and amicably settled the dispute. 4. Needless to say, non-compoundable offence cannot be compounded. But considering the proposition of law laid down by the Honble Apex Court in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 677 ; B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675 , and in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303 , where there is a genuine compromise and there is hardly any likelihood of the offender being convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the compromise should be accepted and the proceedings should be quashed. 5. Considering the facts and circumstances of the case and the legal proposition propounded by the Honble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted. 6. Consequently, the chargesheet dated 28.04.20014, summoning order dated 12.06.2014 as well as the entire proceedings of Criminal Case No. 918 of 2019 (Old Case No. 1826/2014), State v. Haridwar, District Haridwar, so far it relates to the present applicants only are hereby quashed. Compromise arrived at between the parties is accepted. 6. Consequently, the chargesheet dated 28.04.20014, summoning order dated 12.06.2014 as well as the entire proceedings of Criminal Case No. 918 of 2019 (Old Case No. 1826/2014), State v. Haridwar, District Haridwar, so far it relates to the present applicants only are hereby quashed. Aslam & Others, under Sections 324,325,504 and 506 IPC, pending in the Court of Judicial Magistrate 2 nd , Haridwar, District Haridwar, so far it relates to the present applicants only are hereby quashed. 7. Present criminal miscellaneous application stands disposed of.