Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7614 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C528 No. 811/2024
Hon’ble Manoj Kumar Tiwari, J.
Mr. Ankur Sharma, Advocate, for the accused applicants. Mr. Dinesh Chauhan, AGA, for the State. Mr. Lalit Samant, Advocate, for the complainant/victim.
(2)
This criminal miscellaneous application along with the compounding application (IA 1/2024) has been filed seeking quashing of the summoning order dated 10.9.2024 and the entire proceedings of Sessions Trial No. 20 of 2024, under Section 307 and 506 IPC, pending before Additional Sessions Judge, Vikasnagar, Dehradun.
(3)
As per the FIR, at about 8.30 PM on 4.4.2024, when the informant was returning from Vikasnagar to his home, he was attacked by all three accused applicants by iron rod, due to which he sustained serious injuries on his head and as many as eight stitches were administered by the doctor. Based on the FIR, investigation was made and the Investigating Officer filed chargesheet against the accused applicants under Section 307 and 506 IPC.
(4)
Accused applicants and victim/complainant (respondent no. 2), identified by their respective Counsel, are connected virtually. They are sitting in the same room, in which Mr. Ankur Sharma,
learned Counsel for the applicants, is sitting. Applicants submit that the dispute has now been amicably settled with the respondent no.
2. Victim/complainant also submits that now he does not have any grievance against the applicants and he is not interested in prosecuting them.
(5)
Learned Counsels for the parties
2025:UHC:7614 also submit that since parties are neighbours and good sense prevailed upon them and now they have amicably resolved the dispute, therefore the offences can be compounded.
(6)
Learned State Counsel objected to the compounding application stating that the offence under Section 307 IPC is non- compoundable.
(7)
No doubt, offence under Section 307 IPC is non-compoundable. However, in B.S. Joshi, (2003) 4 SCC 675; Nikhil Merchant, (2008) 9 SCC 677; and Manoj Sharma, (2008) 16 SCC 1, the Hon’ble Apex Court indirectly permitted compounding of non-compoundable offences. (8)
Considering the
facts and circumstances of the case and in view of the legal proposition propounded by the Hon’ble Apex Court and subject to applicants depositing cost of rupees one lakh, out of which ₹50,000/- shall be deposited with the Advocates Welfare Fund maintained by Uttarakhand High Court Bar Association and remaining ₹50,000/- with the State Legal Services Authority, Nainital within ten days from today, the compounding application is allowed. Compromise arrived at between the parties is accepted. Impugned summoning
order dated 10.9.2024 and the entire proceedings of Sessions Trial No. 20 of 2024, under Section 307 and 506 IPC, pending before Additional Sessions Judge, Vikasnagar, Dehradun, are quashed qua the accused applicants in terms of the compromise.
(9)
Present criminal miscellaneous application stands disposed of accordingly.
(Manoj Kumar Tiwari, J.)
27.8.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.08.27 18:25:39 +05'30'
2025:UHC:7614