Suleman Vs State of Uttarkhand

Uttarakhand High Court 19 Mar 2012 Criminal Miscellaneous Application (C-482) No. 238 of 2012 with Compounding Application No. 204 of 2012 (2012) 03 UK CK 0041
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous Application (C-482) No. 238 of 2012 with Compounding Application No. 204 of 2012

Hon'ble Bench

Prafulla C. Pant, J

Acts Referred
  • Criminal Procedure Code, 1973 (CrPC) - Section 482
  • Penal Code, 1860 (IPC) - Section 147, 148, 3(1), 307

Judgement Text

Translate:

Hon''ble Prafulla C. Pant, J.@mdashHeard. By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Sessions Trial No. 216 of 1998, State v. Mustakim and others, relating to offences punishable u/s 147, 148 and 307 of I.P.C., and one punishable u/s 3 (1) (X) of S.C & S.T. (Prevention of Atrocities) Act, 1989.

2. Learned counsel for the petitioner and learned counsel for the respondent no.2 stated that the parties have entered into compromise, and the complainant does not want to prosecute the petitioner.

3. However, the offences u/s 307 of I.P.C., and one punishable u/s 3 (1) (X) of S.C & S.T. (Prevention of Atrocities) Act, 1989, I.P.C, are non compoundable. n the above circumstances, the petition u/s 482 of Cr.P.C., is dismissed summarily, with the observation that the complainant shall be at liberty to make the statement before the trial court as to the fact whether the petitioner has committed any crime or not. It is further observed that if the petitioner surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that respondent no.2 Raddi does not want to prosecute him. (Compromise Application No. 204 of 2012 stands disposed of).

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