Amarjeet Kaur & Another vs Mahesh Kumar & Others

N.S. Dhanik, J

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

dated 28.5.2018 and the entire proceedings of Complaint Case No. 1656 of 2017, Mahesh Kumar v. Amarjeet Kaur & Others, under Sections 452,

323, 324, 392, 504 and 506 IPC, pending in the Court of Chief Judicial Magistrate, Haridwar.

In the compounding application, duly supported by the affidavit of accused applicant no. 1 and the complainant/victim (respondent no. 1), it has been

stated that parties have amicably settled their dispute and the complainant/victim does not want to prosecute the accused applicants. Accused persons,

the complainant/victim, duly identified by their respective Counsel, appeared in person before this Court on 19.12.2019/6.1.2020. They admitted the

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

Learned State Counsel opposed the compounding application and contended that offences under Section 452, 324 and 392 IPC are non-

compoundable.

Needless to say, non-compoundable offence cannot be compounded. But considering the fact that the complainant/victim and the accused applicant

no. 1 are husband and wife and also considering the proposition of law laid down by the Hon’ble Apex Court 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, 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, summoning order dated 28.5.2018 and the entire proceedings of Complaint Case No. 1656 of 2017, Mahesh Kumar v. Amarjeet Kaur

& Others, under Sections 452, 323, 324, 392, 504 and 506 IPC, pending in the Court of Chief Judicial Magistrate, Haridwar, are hereby quashed.

Present criminal miscellaneous application stands disposed of.