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SHARAD KUMAR SHARMA
Ajay Malik – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Sharad Kumar Sharma, J.
The present C-482 Application, which has been preferred by the applicant is emanating from a Criminal Case No. 5282 of 2017, which has been registered, as a consequence of the submission of the Charge Sheet, after completion of investigation, in relation to an FIR, being FIR No. 60 of 2018 dated 20.03.2017, which has been registered against the present applicant, for their involvement in commission of the offences under Sections 343, 370 and 120-B of the I.P.C., which was registered at Police Station, Raipur, Sadar, district Dehradun.
2. The applicant to the present C-482 Application had prayed for that the Charge Sheet, being Charge Sheet No. 93A of 2017 dated 31.10.2017, which has been submitted against the present applicant for his alleged involvement in the commission of offences under Sections 343, 370 and 120-B of the IPC, as well as, he has prayed for further quashing of the summoning order, as well as the entire proceedings of Criminal Case No. 5282 of 2017, State Vs. Ajay Malik.
3. During its pendency, the parties to the present C-482 Application have filed their Compounding Application (IA/532/2022), whereby, under a joint affidavit which ha
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 p....
The central legal point established in the judgment is the court's authority to compound non-compoundable offences under IPC based on changed circumstances and the interpretation of the elements of t....
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.
The main legal point established is the need for trial and scrutiny of evidence to establish the offences committed by the applicants, which influenced the court's decision to reject the compounding ....
The main legal point established in the judgment is that serious offences under Sections 307, 498-A, 34 of IPC, which have a significant impact on society, are non-compoundable and should not be quas....
The court can quash non-compoundable offences post-conviction if the parties have reached a compromise, provided the offences are not heinous and do not contravene the objectives of special statutes.
It is trite that composition is a unilateral act. A joint application by accused and victim is not a requirement of Section 320.
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