Tajendra Gill and Others vs State of Uttarakhand and Arun Kumar

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. 1268 of 2011, (old case no. 387 of 2010) State vs. Tajendra Gill and others relating to offences punishable u/s 147, 148, 149, 323, 307, 504, and 506 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 the compromise.

In the above circumstances, the petition u/s 482 of Cr.P.C., is dismissed with the observation that if the petitioners namely Tajendra Gill, Parvinder, Sandeep @ Chiku, Gurdeep, Naveen Saini, Amar Partap, Sanjeev Rana, Rajeev Rana, Kala @ Neetu and M. Sashidhan 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. 1245 of 2011 stands disposed of).