GOVIND AND ORS. Vs. STATE OF UTTARAKHAND AND ANR.
HIGH COURT OF UTTARAKHAND
Govind And Ors.
State of Uttarakhand and Anr.
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Umesh Chandra Dhyani, J. -
(1.) THE applicants, by means of present application/petition under Section 482 of Cr.P.C., seek to quash the orders dated 27.11.2010 and 07.04.2011; charge -sheet No. 268 of 2010, dated 30.07.2010, filed in criminal case No. 4972 of 2010, State vs. Rajesh and others, in FIR No. 229 of 2010, under Sections 452, 504, 506, 323 of IPC, police station Rudrapur, District Udham Singh Nagar, as well as the entire proceedings of aforesaid criminal case, pending in the court of Chief Judicial Magistrate, Udham Singh Nagar.
(2.) AN FIR was lodged by respondent No. 2 against six accused persons, including the accused -applicants, on 30.05.2010, in police station Rudrapur, District Udham Singh Nagar for the offences punishable under Sections 420, 406, 452, 324, 504, 506 of IPC. After the investigation, a charge -sheet was submitted against the accused -applicants in respect of the offences punishable under Sections 452, 506, 504, 323 of IPC. A Compounding Application, being CRMA No. 1480 of 2013, is moved on behalf of the parties to indicate that the parties have settled their dispute amicably. Injured persons/victims namely, Raghu, Sunita and Rita made a prayer that the offences complained of against the accused -applicants namely, Govind, Rajesh, Dewanti and Manju be compounded. The affected persons as well as the accused -applicants were present in person before the Court on 05.10.2013, duly identified by their respective counsel.
(3.) OFFENCES punishable under Sections 323, 504, 506 of IPC are compoundable offences within the scheme of Section 320 of Cr.P.C. Since the injured persons/victims have stated in the open Court that they have compounded those offences against the accused -applicants, therefore, they are acquitted of the charges levelled against them in respect of those offences. Offence punishable under Section 452 of IPC is non -compoundable offence.;
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