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 parties.

JUDGMENT :

These are four C482 Applications.

2. C482 Application No. 811 of 2020, Zeba Vs. State of Uttarakhand and Another, arises out of a Criminal Case No. 2432 of 2020, State Vs Zeba, whereby the present applicant has been summoned by an order dated 30.07.2020 by the Court of Additional Chief Judicial Magistrate, 1st Dehradun, for being tried for the offences under Section 420, 468, 471 and 506 of IPC.

3. In this C482 Application, a fact which has come on record, is that the parties were already under a civil litigation by way of Suit No. 338 of 2019, Mehraj Vs. Zeba, which has been decided by the Civil Court, on the basis of the compromise whereby the plaintiff Mehraj has undertaken to vacate the premises by 30.05.2023 with a further rider that he would be removing the electric and water connections attached therein. This matter is listed today on the Compounding Application, contending therein that owing to the dispute which has been settled in the suit, the parties to the proceedings do not intend to prosecute each other, any further in relation to the aforesaid offences.

4. In C482 Application 1097 of 2023, Asgar Khan and others Vs. State of Uttarakhnd and Another, the proceedings which has been subjected to challenge are that of the Criminal Case No.3732 of 2018 Mehraj Ali Vs. Zeba whereby the present applicants have been summoned to be tried for the offences under Sections 147, 325, 452, 504 and 506 of IPC, on which the summoning order has been issued on 22.10.2018 by the Court of Additional Chief Judicial Magistrate, 1st, Dehradun. So far as all the offences are concerned, they are compoundable under Section 320 of CrPC, except for the offence under Section 452 of IPC, which is not compoundable under Section 320 of CrPC, but, if theentire set of allegations, which have been levelled in the complaint and the observations which have been made in the summoning orders are taken into consideration and, particularly, in the context of the decree rendered in the Civil Suit, the implications of Section 452 of IPC, has had to be reasonably construed so that an inter se dispute between the parties is laid to rest for all times to come and the judgment of the Civil Court may be permitted to be executed in its letter and spirit. Hence, despite the fact, that the offence under Section 452 of IPC is not compoundable under Section 320 of Cr.PC, this Court, while exercising its inherent powers, is of the view, that looking to the nature of offence pertaining to Section 452 of IPC, is not exactly established beyond probable doubts when the allegations levelled in the complaint are that the present applicants, after forcefully entering into the residence, had assaulted the complainant / respondent with the use of lathi and bricks. But, this C482 Application since too is accompanied with a Compounding Application, which has been duly signed by all the parties including their respective counsels, thus in order to bring peace and harmony, amongst themselves, the C482 Application is required to be considered in the light of the averments of settlement made in paragraph Nos.3 and 4 of the compounding application, which has been filed by the parties along with their respective affidavits.

5. In C482 Application 1099 of 2023, Mehraj Ali and others Vs. State of Uttarakhand and Another, that arises out of the Sessions Trial No. 110 of 2016 State Vs. Mehraj Ali and Another, wherein the present applicants have been summoned by an order dated 02.11.2017 for being tried for the offences under Sections 147, 148, 149, 307, 325,452, 504 and 506 of IPC. In this case, though the fact has come on record that the charge has already been framed on 02.11.2017, but still in order to take a pragmatic view, in order to the settlement of dispute amongst the parties, the concern for this Court would be the allegations, pertaining to the offences under Section 307 of IPC and if that is taken into consideration in the light of the allegations levelled in the FIR, it