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C482/950/2021 on 16 July, 2021

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C-482 No. 950 of 2021
With
Compounding Application No. 1 of 2021
Hon’ble N.S. Dhanik, J .
Mr. Mani Kumar, learned counsel for
the applicants.
Mr. Pramod Tiwari, learned Brief
Holder for the State.
Mr. Kishore, learned counsel for the
second respondent and third respondent.

Heard learned counsel for the
parties.

By way of present application, moved
under
Section 482 of Cr.P.C. the
applicants seek to quash the charge sheet
dated 04.01.2021 and the entire
proceedings of Criminal Case No. 2260 of
2021, “
State of Uttarakhand v. Sanjeev
Pathak and others” for the offence
punishable under
Sections 323, 354, 504
and
506 of IPC registered at P.S.
Rudrapur, District Udham Singh Nagar,
pending before the Court of learned Chief
Judicial Magistrate, Rudrapur, District
Udham Singh Nagar.

Along with the petition, a joint
compounding application has been filed. In
support of the compounding application,
affidavits have been filed by Shri Sanjeev
Pathak (respondent no. 1) who is doing
parivi on behalf of the other applicants
also, by Smt. Pooja (respondent no. 2)
and by Shri. Parmendra Kumar (injured).

It has been submitted that the
applicants and respondent nos. 2 and 3
have settled their dispute amicably and
there is no grievance between them and
they are ready to compound the offences.
The applicants and respondent nos. 2
3 are present in the Court today through
Video Conferencing and they are duly
identified by their respective counsel.
They also admitted the facts mentioned in
the compounding application.

Learned State Counsel would oppose
the compounding application on the
ground that the offence under
Section 354
IPC is non compoundable.

In view of the above and considering
the principle of law laid down by Hon’ble
Apex Court in the case of
Gian Singh vs.
State of Punjab reported in 2012 (10) SCC
303, the compounding application is
allowed. Compromise arrived at between
the parties is accepted.

Consequently, the entire proceedings
of Criminal Case No. 2260 of 2021, “
State
of Uttarakhand v. Sanjeev Pathak and
others” for the offence punishable under
Sections 323, 354, 504 and 506 of IPC
registered at P.S. Rudrapur, District
Udham Singh Nagar, pending before the
Court of learned Chief Judicial Magistrate,
Rudrapur, District Udham Singh Nagar are
hereby quashed, so far it relates to the
applicants only.

The C-482 application is, accordingly,
disposed of.

(N.S. Dhanik, J.)
16.07.2021
SB

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