Arun Kumar, Sher Singh, Nipendra and Anil Gurjar vs State of Uttarakhand and Tejendra Gill

Hon''ble Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 576 of 2011, (old case no. 358 of 2010) State vs. Arun and others relating to offences punishable u/s 147, 148, 149, 323, 307, 504, 506 and 427 I.P.C., Police Station Laksar, District Hardwar, pending in the court of Additional Chief Judicial Magistrate, Laksar.

There are cross cases of the incident. It is pointed out that on behalf of the learned counsel for the petitioners, and learned counsel for the complainant that parties have entered into compromise. This fact is also mentioned in the charge sheet. Since the offence punishable u/s 307 I.P.C., is non compoundable offence, this court is not inclined to interfere with the trial of the case, on the ground of compromise.

In the above circumstances, the petition u/s 482 of Cr.P.C., is dismissed with the observation that if the petitioners namely Arun Kumar, Sher Singh, Nipendra and Anil Gurjar surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay, keeping in mind that there are cross cases of the incident, and both the sides have entered into compromise. (Compounding Application No. 1247 of 2011 stands disposed of).