The court can exercise its inherent powers under Section 482 of the Cr.P.C. to compound offences, including those not compoundable under Section 320, based on the settlement of a civil dispute.

JUDGMENT :

Sharad Kumar Sharma, J.

There happens to be an inter-se dispute between the parties to all these C482 Applications. All these C482 Applications are supported with the respective Compounding Applications.

2. In order to verify the propriety of the Compounding Applications, the parties were directed to appear in person or through Video Conferencing in order to facilitate the Court in order to arrive at a conclusion, as to the Compounding Application and the conditions contained therein are acceptable by the parties or not.

3. Arising out of the dispute over a property, there was a civil suit instituted, being Suit No.16 of 2016 Ritu Jhamb vs. Rohit Kakkad. This First Appeal was listed yesterday and in the First Appeal there was a Compromise Application, being filed i.e. I.A. No.16497 of 2023 and the parties have unanimously agreed to settle their dispute in terms of the compromise dated27.03.2023. It was that based on the compromise which was acceptable by the parties, the First Appeal No.240 of 2019 Ritu Jhamb vs. Rohit Kakkad and others was decided and accordingly the decree rendered by the trial court on 24.09.2019, stood modified in terms of the compromise dated 27.03.2023.

4. Today, these are three C482 Applications.

5. In C482 Application No.552 of 2023, the proceedings which has been put to challenge are the proceedings, which has been registered, as under Criminal Case No.3139 of 2018, State vs. Ritu Jhamb and others, wherein the present applicants have been summoned by the learned trial court; being the court of Additional Civil Judge/ Judicial Magistrate, Khatima District Udham Singh Nagar, in Criminal Case No.3139 of 2018 State vs. Ritu Jhamb. It’s that during the pendency of this C482 Application, that the parties have filed a compounding application, which has been duly signed by the applicants, who are present in person also, who have been duly identified by their respective counsel, as well as the opposite party to the C482 Application, who have joined the proceedings through Video Conferencing. This Court has also interacted with the opposite parties, who joined the proceedings through Video Conferencing and each of them unanimously have agreed, and accepted the terms of settlement dated 27.03.2023, that now hereinafter bind the relationship, which otherwise was a subject matter of civil proceedings. The said fact is reiterated in the compounding application wherein they have said that now they have settled the dispute on the terms of settlement, which has been referred to in the First Appeal No.240 of 2019 Ritu Jhamb vs. Rohit Kakkad and others.

6. Having considered the aforesaid arguments and the condition of the settlement, which has been arrived at between the parties and particularly because of the statement recorded by the respondents, which stands unrebutted by the applicants, the present C482 Application, would stand compounded, because most of the offences for which the summons have been issued, they are otherwise compoundable under Section 320 of the Code of Criminal Procedure (for short Cr.P.C.). Accordingly, the Compounding Application No.01 of 2023 would thereby stand allowed.

7. In C482 Application No.1079 of 2019, the same was preferred by the present applicants nos.1 & 2, who are present before this Court, which was filed as against the proceedings of Criminal Case No.242 of 2019, State vs. Ritu Jhamb & others, which stood instituted before the Court of Judicial Magistrate, Sitarganj, District Udham Singh Nagar wherein, the present applicants have been summoned to be tried for the offences under Sections 420, 467, 468 & 471 of IPC.

8. In this C482 Application too, the compounding application has been preferred by the parties to the proceedings, which has been duly supported by their respective affidavits of the parties to the present C482 Application and the terms of the same also stands affirmed by their respective counsels representing their cause. In the Compounding Application, the parties t