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2023 Supreme(UK) 596

SHARAD KUMAR SHARMA
Ravi Papnai – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.C. Petshali.
For the Respondent: Kuldeep Singh Rawal.
For the Complainant : Yogesh Upadhyay.

JUDGMENT :

SHARAD KUMAR SHARMA, J.

1. Heard.

2. In this C482 petition, the challenge given by the present applicant is to the proceedings of Criminal Case No. 1927 of 2021, State vs. Ravi Papnai, being the proceedings drawn for against the present applicant for the offences under Sections 504, 506, 386, 501, 509 and 354-D of IPC. As a consequence of the registration of aforesaid criminal case, the summoning order has been issued against the present applicant, being the summoning order dated 20.02.2021.

3. The C482 application is listed along with the compounding application, wherein the complainant has stated in her affidavit filed in support thereto, that she wants to mitigate the offence for which trial is pending consideration, owing to the fact that, subsequently she is married to another male. Out of the said matrimony she has got a child and, hence, she wants to dilute all the offences, in order to have a peaceful married life which she is having with another male.

4. The C482 application is being vehemently opposed by the learned Government Advocate on the ground, that two of the offences, i.e., offence under Section 386 and Section 354-D of IPC are not compoundable, as such the

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