IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.909 of 2009 Jyotirmay Vishwas @ Jyoti and another ………..Petitioners Versus State of Uttarakhand and another …….Opposite Parties. Sri Arvind Vashistha, Advocate for the petitioners. Sri Prabhakar Joshi, Brief Holder for the State/respondent no.1. Sri R.C. Tamta, Advocate for the respondent no.2 Dated: December 3, 2009 Hon’ble Alok Singh, J. (By the Court) Heard Sri Arvind Vashisth, learned counsel for the petitioners. Sri Prabhakar Joshi, Brief Holder for the State/respondent no.1. Sri R.C. Tamta, learned counsel for the respondent no.2. Km. Sweety is present in person in the Court who has been identified by Sri R.C. Tamta, Advocate. In the present matter, petitioners are accused for an offence under section 363, 366, 120-B I.P.C. All the counsels appearing before me stated that chargesheet has been filed. In the present proceedings an affidavit of Km. Sweety prosecutrix and Smt. Bulbul Rani/respondent no.2 complainant and of petitioner no.1 duly verified by Superintendent, Sub Jail, Haldwani were produced. All the counsels stated that before me that accused no.1 and Km. Sweety both are major and were known to each other. It is further stated that Km. Sweety left her parental house on her own sweet will without any pressure or inducement. She is happy with petitioner no.1 who is now in jail. Km. Sweety prosecutrix stated that she has never been abducted or kidnapped. She understands each and every thing in the world. She has gone at her own sweet will. She wanted and still wants to live with Jyotirmay Vishwas, petitioner no.1. Sri Arvind Vashisth, learned counsel for the petitioners fairly submitted that in the present matter, compounding is not possible, however, in the light of affidavits filed by complainant and Km. Sweety, Trial Court can discharge the accused. Section 227 Cr.P.C. empowers the Sessions Judge to discharge the accused. Since compounding can not be directed in the present petition and case has not been committed to the Sessions Court by the Magistrate so far, I have no other option to except to dismiss this petition with this observation that Magistrate shall commit the case to the Sessions Court at the earliest preferably and in any case within four weeks from today in accordance with law. I further direct that thereafter learned Sessions Judge shall hear both the parties on the discharge. He shall take into consideration the affidavits filed before this Court, copies of which would be filed before him and shall pass appropriate order under section 227 Cr.P.C. within eight weeks from the date of committal by trial. Present petition stands disposed of with the above observations. CRMA No.1276/2009 and CRMA No.1277/2009 stand disposed of accordingly. (Alok Singh, J.) 03.12.2009 JKJ