Aslam And Others vs State Of Uttarakhand And Others

Pankaj Purohit, J

The present C482 application has been filed by the applicants for quashing the charge sheet dated 12.07.2021 and summoning order dated 18.08.2021 and entire proceedings of Criminal Case No.1352 of 2015 (Case Crime No.47 of 2015), State Vs. Aslam and others, under Sections 323, 504, 506, 452 and 308 of IPC registered with Police Station Bhagwanpur, District Haridwar, pending before learned Ist Additional Chief Judicial Magistrate, Roorkee, District Haridwar, against the applicants.

A joint compounding application has been moved on behalf of the parties, supported by their respective affidavits, seeking to compound offences under the aforesaid sections.

It is contended in the compounding application by the parties that the matter has been amicably settled between them by the intervention of elderly members of the family as they belong to same family.

Both the applicants and respondent nos.2 and 3 are present before this Court, who are duly identified by their respective counsel. On interaction with the parties they stated that they have amicably settled their dispute and there is no reason to continue with the present criminal proceedings.

Per contra, learned counsel for the State has formally raised objection to the offences made out in the present case on the grounds that some of the offences are non-compoundable.

So far as compounding of non-compoundable offence is concerned, the Apex Court has dealt with the consequence of a compromise in this regard in the case of B.S. Joshi and others vs. State of Haryana and another, reported in (2003) 4 SCC 675 and has held as below: -

“If for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 Cr.P.C. would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power.”

Having considered the submissions made by learned counsel for the parties, this Court is of the opinion that since the parties have reached to the terms of the compromise, there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, Compounding Application (IA No.1 of 2023) is allowed. The offences between the parties are permitted to be compounded. As a result, the impugned charge sheet dated 12.07.2021 and summoning order dated 18.08.2021 and entire proceedings of Criminal Case No.1352 of 2015 (Case Crime No.47 of 2015), State Vs. Aslam and others, under Sections 323, 504, 506, 452 and 308 of IPC registered with Police Station Bhagwanpur, District Haridwar, pending before learned Ist Additional Chief Judicial Magistrate, Roorkee, District Haridwar, against the applicants stand quashed.

C482 application stands disposed-off, in the aforesaid terms.