SULEMAN S/O SHABBIR AHMAD R/O VILLAGE RAIPUR P.S BHAGWANPUR DISTRICT HARDWAR Vs. STATE OF UTTARKHAND THROUGH SECRETARY HOME, DEHRADUN RADDI S/O CHATRU R/O VILLAGE RAIPUR P.S BHAGWANPUR DISTRICT HARDWAR
LAWS(UTN)-2012-3-72
HIGH COURT OF UTTARAKHAND
Decided on March 19,2012

Suleman S/O Shabbir Ahmad R/O Village Raipur P.S Bhagwanpur District Hardwar Appellant
VERSUS
State Of Uttarkhand Through Secretary Home, Dehradun Raddi S/O Chatru R/O Village Raipur P.S Bhagwanpur District Hardwar Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD . By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Sessions Trial No. 216 of 1998, State v. Mustakim and others, relating to offences punishable under section 147, 148 and 307 of I.P.C., and one punishable under section 3 (1) (X) of S.C & S.T. (Prevention of Atrocities) Act, 1989.
(2.) LEARNED counsel for the petitioner and learned counsel for the respondent no.2 stated that the parties have entered into compromise, and the complainant does not want to prosecute the petitioner. However, the offences under section 307 of I.P.C., and one punishable under section 3 (1) (X) of S.C & S.T. (Prevention of Atrocities) Act, 1989, I.P.C, are non compoundable. n the above circumstances, the petition under section 482 of Cr.P.C., is dismissed summarily, with the observation that the complainant shall be at liberty to make the statement before the trial court as to the fact whether the petitioner has committed any crime or not. It is further observed that if the petitioner surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that respondent no.2 Raddi does not want to prosecute him. (Compromise Application No. 204 of 2012 stands disposed of).;


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