Fahim & Another vs State of Uttarakhand & Another

Sharad Kumar Sharma, J.

The FIR being FIR No. 160/2016 was registered under Section 379 of IPC at Police Station Jaspur, District Udham Singh Nagar. As per the

allegation made in the FIR certain cattle stock of the complainant was shown to have been stolen. On an investigation the present applicants were

shown to be the accused for the commission of offence and on investigation the charge-sheet has been submitted being charge-sheet No. 53/2017

dated 28.03.2017, whereby, the offence under Section 457, 380 & 411 is said to have been made out against the present applicants. The charge-sheet

was submitted before the Trial Court and consequently cognizance have been taken by the learned Trial Court and the matter is pending consideration

before the learned Civil Judge (J.D.)/Judicial Magistrate, District Udham Singh Nagar, registered as Criminal Case No. 33/2017 ‘State vs. Fahim

and Another’.

The Compounding Application has been filed duly signed by the respective counsels. In paragraph 3 of the compounding application, jointly signed

and filed by the counsels, they have made the following averments. As per the averments made in paragraph 3, the complainant has expressed his

intention not to prosecute the applicants to the present C482 application further, in relation to the offences registered against them by way of the FIR

No. 160 of 2016 dated 11.08.2016. Paragraph 3 of the compounding application is quoted hereinbelow:

“3. That with the help of reputed person of locality both the parties i.e. the applicants and the complainant/respondent no. 2 entered into a

compromise and now the respondent no. 2 doesn’t want to press the prosecution against the present applicants as the matter has been

compromised between the applicant and respondent no. 2 outside the court. It is pertinent to mention here that offence U/s 380 & 457 IPC are non

compoundable but the same are not against the society in the present set of facts, as such the same can be quashed by this Hon’ble court.â€​

The Government Advocate Mr. Lalit Miglani has extended his argument to the effect that both the offences for which the charge-sheet has been

submitted against the present applicants being that of Section 457 and 380 of IPC are not compoundable under Section 320 of Code of Criminal

Procedure. But, considering the fact with regards to the extent and ambit of powers conferred to the superior courts under Section 482 of the Code of

Criminal Procedure, which has been held to be having a overriding effect to any of the provisions contained under the Code, this Court is of the view

that looking to the nature of the offence and also considering the fact that in another matter, which was registered as Case No. 1543 of 2018,

composition of offence has already been made by the judgment dated 27.09.2018, this C482 application deserves to be meted out with the same

treatment.

Accordingly, the present C482 application would stand allowed and as a result thereto the Criminal Case No. 33/2017 ‘State vs.’ pending

before the Civil Judge (J.D.)/Judicial Magistrate, Jaspur, District Udham Singh Nagar, too would stand quashed.