Aslam & Others vs State Of Uttarakhand And Others

R.C. Khulbe, J

This Criminal Miscellaneous Application, under Section 482 CrPC, along with compounding application, is preferred to quash the chargesheet dated

28.04.20014, summoning order dated 12.06.2014 as well as the entire proceedings of Criminal Case No. 918 of 2019 (Old Case No. 1826/2014), State

v. Aslam & Others, under Sections 324, 325, 504 and 506 IPC, pending in the Court of Judicial Magistrate 2nd, Haridwar, District Haridwar.

In the present case, FIR lodged by respondent no. 2 culminated into submission of chargesheet, whereupon the cognizance order was issued asking

the accused applicants to face trial for the aforementioned offences.

In the compounding application, duly supported by the affidavits of the accused applicants and respondent nos. 2 to 5, it has been stated that parties

have amicably settled their dispute and the respondent nos. 2 to 5 do not want to prosecute the accused applicants. Accused applicants and the

respondent nos. 2 to 5 duly identified by their respective Counsel, appeared in person today. They admitted the contents of the compounding

application and stated that they have entered into compromise and amicably settled the dispute.

Needless to say, non-compoundable offence cannot be compounded. But considering the proposition of law laid down by the Hon’ble Apex

Court in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 67;7 B.S. Joshi v. State of Haryana & Anr. reported in (2003) 4 SCC 675, and in Gian Singh

v.State of Punjab & Another, (2012) 10 SCC 303, where there is a genuine compromise and there is hardly any likelihood of the offender being

convicted and continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise, the

compromise should be accepted and the proceedings should be quashed.

Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application

is allowed. Compromise arrived at between the parties is accepted.

Consequently, the chargesheet dated 28.04.20014, summoning order dated 12.06.2014 as well as the entire proceedings of Criminal Case No.918 of

2019 (Old Case No. 1826/2014), State v.Aslam & Others, under Sections 324, 325, 504 and 506 IPC, pending in the Court of Judicial Magistrate 2nd,

Haridwar, District Haridwar, so far it relates to the present applicants only are hereby quashed.

Present criminal miscellaneous application stands disposed of.