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Judgment
Pankaj Purohit, J
This C482 application is directed against the summoning order dated 11.10.2018, passed by learned Additional Chief Judicial Magistrate, Haldwani along with all the consequential proceedings of Criminal Case No.6090 of 2018, State vs. Jamir Khan, under Sections 354A and 354D of IPC as well as the Charge-Sheet No.232 of 2018 dated 16.09.2018, pursuant to the First Information Report No.244 of 2018, registered at P.S. Haldwani, District Nainital for the aforesaid offences on the ground that the informant-respondent no.2 does not want to prosecute the accused-applicant.
Heard learned counsel for the parties.
The first information report was lodged by respondent no.2-Satender Kaur against the applicant-Jamil Khan in Police Station Haldwani, District Nainital on 21.07.2018 at 02:25 hours, which was registered as FIR No.244 of 2018, under Sections 354A and 354D of IPC. In the first information report, it has been stated that the informant is the resident of Mohalla Govindpura who noticed that one unknown person kept on chasing and stalking her since long. Such activities were ignored by the informant for being afraid of undue publicity but on 20.07.2018 at about 09:15 p.m. when the informant was going to her home from Gurudwara, the said man followed her and came at the turn of the street leading to her house, when the informant look behind he was found making obscene gestures. The informant immediately told her husband about this and the people from Mohalla caught hold of him and brought him to the police station.
On the basis of the aforesaid first information report after investigation, a charge-sheet was submitted on 16.09.2018 by the Investigating Officer against the applicant under Sections 354A and 354D of IPC. On the said FIR, the cognizance was taken by learned Additional Chief Judicial Magistrate, Haldwani on 11.10.2018 and directed the case to be registered against the applicant. On 11.10.2018, applicant was summoned to face the trial under Sections 354A and 354D of IPC.
Today, along with C482 application, both the applicant as well as the respondent no.2 moved a joint application for compounding with a request to quash the First Information Report No.244 of 2018, Charge-Sheet dated 16.09.2018, summoning order dated 11.10.2018 and the entire proceedings of Criminal Case No.6090 of 2018, State vs. Jamir Khan, under Sections 354A and 354D of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Haldwani.
The compounding application is duly supported by affidavits and it has been stated on oath by respondent no.2-informant that she does not want to prosecute the case against the applicant-Jamir Khan.
The applicant-Jamir Khan duly identified by his Advocate-Bhavya Pratap Singh and respondent no.2-Satender Kaur duly identified by her Advocate-Sanpreet Singh Ajmani are present in the Court through Video Conferencing. Both the applicant as well as the respondent no.2 were interacted with by this Court and asked as to why respondent no.2 does not want to prosecute the case against the applicant. It was stated by respondent no.2 that she out of her own free will and volition does not want to prosecute the case mainly for the reason that applicant and respondent no.2 are residents of Haldwani and they want to settle the matter amicably and to live in peace.
Per contra, learned State Counsel submits that alleged offences against the applicant are non-compoundable, therefore, it should not be compounded.
Having heard the learned counsel for the parties and having perusal of the first information report, this Court is of the opinion that since certain imputations were against the applicant by respondent no.2 of some obscene gestures and stalking her, but the offences alleged are not heinous and the parties want to settle their matter amicably, therefore, this Court while exercising its inherent powers under Section 482 of Cr.P.C. can very well allow the parties to settle the dispute amicably in the interest of justice. When the respondent no.2-informant herself does not want to prosecute the applicant, there appears to be no use of keeping the trial pending between the parties, which would result acquittal and only acquittal of the applicant.
In this view of the matter, for the aforesaid reasons, the compounding application (IA No.1 of 2023) is hereby allowed. Accordingly, the First Information Report No.244 of 2018, registered at P.S. Haldwani, District Nainital, Charge-Sheet No.232 of 2018, dated 16.09.2018 submitted pursuant to the aforesaid FIR and the entire proceedings of Criminal Case No.6090 of 2018, State vs. Jamir Khan, under Sections 354A and 354D of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Haldwani are hereby quashed.
The present C482 application stands allowed accordingly.