Aman vs State Of Uttarakhand & Others

Narayan Singh Dhanik

Present criminal miscellaneous application, along with compounding application, under Section 482 CrPC has been filed for quashing the cognizance order dated 13.7.2018 and the entire proceedings of the Case No. 49 of 2018, under Sections 147, 149, 323, 308, 504 and 506 IPC, pending before the Juvenile Justice Board, Haridwar, District Haridwar.

Compounding application bears the signatures of complainant/victim (respondents 2 and 3 herein) and the accused applicant. Compounding application is duly supported by the affidavits of accused applicant Aman, complainant/respondent no. 2 Tejpal and the victim/respondent no. 3 Kapil. Accused applicant and the complainant and the victim, duly identified by their respective Counsel, had appeared in person before this Court on 11.9.2019 and ratified that they have entered into compromise and amicably settled their dispute and the complainant does not want to prosecute the applicant.

Reliance has been placed on the judgments of the Hon'ble Apex Court rendered in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 677; 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.

Offences under Sections 323, 504 and 506 IPC are compoundable by the victim. However, the offences under Sections 147, 149 and 308 IPC are non-compoundable. Learned State Counsel opposed the compounding application and contended that 147, 149 and 308 IPC are non-compoundable and the victim has suffered grievous injuries. Learned Counsel for the applicants referred to the medical report and submitted that the injuries were not dangerous to life. He also submitted that the applicant is a minor.

Needless to say that non-compoundable offences cannot be compounded. However, if there is a genuine compromise between the parties, no useful purpose would be served if the proceedings are allowed to continue.

Therefore, keeping in view the legal proposition of law propounded by the Hon'ble Apex Court and the compromise arrived at between the parties, this Court is of the view that continuance of the proceedings, after the compromise having been arrived at between the parties, would be a futile exercise.

Consequently, compounding application is allowed. The impugned cognizance order dated 13.7.2018 and the entire proceedings of the Case No. 49 of 2018, under Sections 147, 149, 323, 308, 504 and 506 IPC, pending before the Juvenile Justice Board, Haridwar, District Haridwar, are hereby quashed. Present criminal miscellaneous application stands disposed of accordingly.