R.C.KHULBE
Kalawati – Appellant
Versus
State Of Uttarakhand – Respondent
JUDGMENT
R.C. Khulbe, J. - This criminal misc. application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated and the entire proceedings of Sessions Trial No. 243 of 2019, "State vs. Rahul & another" under Sections 323, 504 & 506 of IPC at P.S. Kashipur, District Udham Singh Nagar, pending in the Court of learned Additional District and Sessions Judge-II, Kashipur, District Udham Singh Nagar.
2. The parties have filed the above-numbered compounding application to show that the parties have buried their differences and have settled their disputes amicably.
3. It is contended by learned counsel for the State that the offence punishable under Section 323, 504 & 506 of IPC are compoundable offences.
4. Thus, the High Court, in exercise of its inherent power can quash criminal proceedings or FIR or complaint and Section 320 of Cr.P.C. does not limit or affect the powers under Section 482 of the Code of Criminal Procedure, 1973.
5. The Honble Supreme Court has permitted compounding of such offences in the decision of Nikhil Merchant v. CBI and another, (2008) 9 SCC 650.
6. Learned counsel for the parties also drew the attention of this Court towards the c
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