Offences under Sections 420, 120B, 504 & 506 of IPC are compoundable under Section 320 of CrPC.

HIGH COURT OF UTTARAKHAND

AT NAINITAL

Criminal Misc. Application No. 430 of 2022

(Under Section 482 of Cr.P.C.)

Vinay Bhatt and Another

… Applicants

Vs.

State of Uttarakhand and Another

… Respondents

And

Criminal Misc. Application No. 438 of 2022

(Under Section 482 of Cr.P.C.)

Vinay Bhatt and Another

… Applicants

Vs.

State of Uttarakhand and Another

… Respondents

Advocate:

Mrs. Pushpa Joshi, Senior Advocate, assisted by Ms. Chetna

Latwal, Advocate, for the applicants

Mr. Siddharth Bisht, Brief Holder, for the State

Mr. Aditya Pandey, Advocate, for the complainants through

video conferencing.

Hon’ble Sharad Kumar Sharma, J.

These two C482 Applications itself are governed

under a peculiar set of circumstances. Both the C482

Applications are listed on the respective Compounding

Applications (IA/1/2022).

1.

C482 Application No. 430 of 2022 deals with a

Criminal Case No. 3442 of 2017, State Vs. Vinay Bhatt

and Another, which was arising out of an FIR, being

FIR No. 211 dated 17.04.2017, which was got

registered against the present applicants, for the

commission of offences under Sections 420, 467, 468,

471, 120B, 504 & 506 of IPC, on which, after the

culmination of the investigation, the Chargesheet,

2

being Chargesheet No. 164 of 2017 dated 06.06.2017

was submitted by the Investigating Officer, on which

the cognizance have been taken by the Court of Chief

Judicial Magistrate, Dehradun, by an order dated

21.07.2017.

It

is

the

cognizance

order;

the

Chargesheet and the entire criminal proceedings which

have been put to challenge by the present applicants.

2.

C482 Application No. 438 of 2022 arises out of

a Criminal Case No. 3441 of 2017, State Vs. Vinay

Bhatt and Another, which was arising out of an FIR,

being FIR No. 212 dated 17.04.2017, which was

registered against the present applicants for their

alleged involvement in commission of the offences

under Sections 420, 467, 468, 471, 120B, 504 & 506

of IPC. In this case too, the investigation was

culminated and the Chargesheet, being Chargesheet

No. 165 of 2017 dated 06.06.2017 was submitted by

the Investigating Officer, on which the cognizance have

been taken by the Court of Chief Judicial Magistrate,

Dehradun, by an order dated 21.07.2017, whereby the

present applicants have been summoned.

3.

These two C482 Applications are listed today on

the respective Compounding Applications (IA/1/2022).

4.

When the Compounding Applications were filed,

the coordinate Bench of this Court, vide its order dated

18.04.2022, had granted time to learned Government

Advocate, to file objection to the Compounding

Application, but the same has not yet been filed.

3

5.

The matter was argued, and after going through

the FIR (in both the cases), apparently, the offences,

so far it relates to Sections 467, 468 and 471 of IPC,

which though are not compoundable under Section 320

of CrPC, but apparently it cannot be said to be made

out, because there was no deferment with regards to

the valuable securities, as it finds in the aforesaid

provision. If at all, the offences could be made out,

that could be of Sections 420, 120B, 504 & 506 of IPC,

which are the offences, which are compoundable under

Section 320 of CrPC.

6.

The parties have participated in the proceedings of

these

two

C482

Applications,

through

video

conferencing. The applicants have been duly identified

by the learned Senior Counsel, Mrs. Pushpa Joshi,

assisted by Ms. Chetna Latwal, Advocate and the

complainant/respondent No. 2 of C482 Application No.

430 of 2022 and C482 Application No. 438 of 2022 i.e.

Mr. Ashutosh Uniyal and Mr. Bipin Singh Negi

respectively, have also participated the proceedings

through video conferencing, who have been duly

identified

by

their

counsel

Mr.

Aditya

Pandey,

Advocate.

7.

This Court has also interacted with the applicants