RISHIPAL AND TWO OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-8-160
HIGH COURT OF UTTARAKHAND
Decided on August 27,2013

Rishipal And Two Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by way of present petition/application moved under Section 482 Cr.P.C., seek to quash impugned chargesheet submitted against the applicants in case crime no. 306 of 2002 as well as the summoning order dated 14.01.2003, passed by the learned Additional Chief Judicial Magistrate, Roorkee, in criminal case no. 677 of 2003 (old no. 106 of 2003) State vs. Sukram Pal & others, under Sections 323, 325, 354, 342, 504, 506, 307 of IPC and Section 3(1)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at present pending in the Court of learned Judicial Magistrate, Roorkee, District Haridwar.
(2.) Respondent no. 2 lodged a first information report, which was registered as case crime no. 306 of 2002, against four accused persons including the applicants on 16.08.2002 in PS Manglour, Roorkee, for the offences punishable under Sections 323, 354, 342, 504, 506, 307 IPC and Section 3 (1) (XI) of the SC/ ST Act. After the investigation, charge-sheet was submitted against the accused-applicants under Sections 323, 325, 354, 342, 504, 506, 307 of IPC and Section 3(1)(XI) of the SC/ST Act. Cognizance was taken on the same and the accused-applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved on their behalf.
(3.) A Compounding Application has been moved on behalf of the parties in the Court today, to indicate that the injured /victims have compounded the offences complained of against the accused persons. The joint compromise application along with the affidavit of Rishipal (accused) and Pahel Singh (informant-injured) are brought on record. Pahel Singh is present in person in the Court. He is duly identified by his counsel Mr. Manoj Mohan, Advocate. The accused persons are represented by Mr. Manish Arora, Advocate. Pahel Singh (husband of Mamta Devi) along with Mr. Manoj Mohan, Advocate also stated that victim Mamta Devi has entered into an Out-of-Court settlement with the accused-applicants and she is no more keen to prosecute the accused-applicants.;


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