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SHARAD KUMAR SHARMA
Mohit Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
The two victims, namely, Kajal and Seema, who happens to be the real sisters, have joined the proceedings of the Court, through video conferencing, the aforesaid victims i.e. Respondent nos.2 and 3, had been duly identified by their counsel representing them, namely, Mr. Bharat Singh, who has made a statement that the victims, who have recorded their statement are Kajal and Seema.
2. The applicant Shri Mohit Kumar is present in person duly identified by his counsel Mr. R.P. Singh.
3. The challenge in the present C482 application as given by the present applicant is to the Charge Sheet no.376/2019, dated 30.08.2019, as well as the summoning order dated 18.11.2020, which has resulted into the commencement of the Special Sessions Trial No.1983 of 2020, “State Vs. Mohit Kumar”, whereby he has been summoned by the order 02.09.2020 to be tried for the offences under sections 356, 376, 379, 506 and 511 of IPC, which was registered against him initially as Case Crime No.543 of 2019, at Police Station Kotwali Roorkee, District Haridwar. After taking cognizance of the proceedings, the Special Session Trial, is pending consideration before the court of Civil Judge (J.D.)/J.M. Roorkee,
The legal framework for compounding non-compoundable offences, particularly in cases involving heinous offences like Section 307 of IPC, emphasizes the need to consider settlement and harmony among p....
The court affirmed that inherent powers under Section 482 of Cr.P.C. can be invoked to quash FIRs for non-compoundable offences when the parties have settled their disputes, particularly in cases inv....
The central legal point established in the judgment is the court's discretion to exercise inherent powers under Section 482 Cr.P.C. to permit the compounding of non-compoundable offences in family di....
In view of settlement between parties, parties can be permitted to compound their offences.
Termination of criminal proceedings based on settlement is permissible, even for offences punishable under IPC section 376, as established by relevant judgments and the peculiar facts of the case.
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