SL.

No

Date

Office Notes,

reports, orders

or proceedings

or directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

C4 8 2 No. 9 2 0 / 2 0 2 1

Hon’ble N.S. Dhanik, J.

Mr. Ashutosh Posti, Advocate, for the

accused applicant.

Mr. Pramod Tiwari, Brief Holder, for the

State.

Mr. Sachin Kumar Sharma, Advocate, for

the complainant/ victim.

Accused applicant has filed this C482

application along with the compounding application

(IA 1/ 2021) to quash the impugned chargesheet

dated 7.8.2020, cognizance order dated 15.1.2021

and the entire proceedings of Criminal Case No.

595 of 2021, under Sections 406, 420, 465, 466,

467, 468 and 471 IPC, pending in the Court of Chief

Judicial Magistrate, Dehradun.

Compounding

application

has

been

filed

stating that parties have entered into compromise

and amicably settled their dispute and now the

complainant/ victim does not have any grievance

with the accused applicant and he does not want to

prosecute the accused applicant. Accused applicant

and the complainant/ victim, duly identified by their

respective

Counsel,

appeared

through

video

conferencing and they ratified the fact that they

entered into compromise and amicably settled the

dispute. Therefore, learned Counsel for the parties

have prayed that the impugned proceedings be

quashed in terms of the compromise.

Learned

State

Counsel

objected

to

the

compounding application stating that the offences

under Sections 465, 466, 467, 468 and 471 IPC are

non-compoundable.

No doubt, offences under Sections 465, 466,

467, 468 and 471 IPC non-compoundable. However,

in B.S. Joshi, ( 2 0 0 3 ) 4 SCC 6 7 5 ; Nikhil Merchant,

( 2 0 0 8 ) 9 SCC 6 7 7 ; and Manoj Sharma, ( 2 0 0 8 ) 1 6

SCC 1 , the Hon’ble Apex Court indirectly permitted

compounding of non-compoundable offences.

Considering the facts and circumstances of

the case and in view of the legal proposition

propounded

by

the

Hon’ble

Apex

Court,

the

compounding application is allowed. Compromise

arrived at between the parties is accepted. The

impugned chargesheet dated 7.8.2020, cognizance

order dated 15.1.2021 and the entire proceedings of

Criminal Case No. 595 of 2021, under Sections 406,

420, 465, 466, 467, 468 and 471 IPC, pending in

the Court of Chief Judicial Magistrate, Dehradun, are

quashed qua the accused applicant in terms of the

compromise.

Present C482 application stands disposed of

accordingly.

( N.S. Dhanik, J.)

8 .7 .2 0 2 1

Pr