IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 1059 of 2011 Sanjay S/o Vinod R/o Raise, P.S Laksar District Hardwar ……………….Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun 2. Israr Ahmed S/o Basir Ahmad R/o village Sarai Police station Jwalapur District Hardwar (complainant) 3. Rajat Khan S/o Basir Khan R/o Ahbad Nagar Police station Jwalapur District Hardwar (injured) ………….....Respondents Shri S.K.Shandilya, Advocate, present for the petitioner Shri S.S.Adhikari, A.G.A., present for the state Shri R.K.S.Verma, Advocate, present for respondents no.2 & 3 Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of the Criminal Case No. 1881 of 2005, State vs. Vinod relating to offences punishable under section 147, 148, 149, 323, 324, 307 and 506 of I.P.C., Police Station Jwalapur, pending in the court of Chief Judicial Magistrate, Hardwar. (3) Learned counsel for the petitioner, and learned counsel for the respondents no.2 and 3 pleaded that the injured and complainant have entered into compromise with the petitioner (accused). However, offence punishable under section 307 of I.P.C., is not a compoundable offence. (4) In the above circumstances, considering the nature of offence, without expressing any opinion as to final merits of the case, this court is not inclined to interfere with the trial of the case. If the witnesses injured and complainant do not 3 support the prosecution case, before the trial court, such court will be at liberty to take note of the same and acquit the accused, if the charge is not proved. (5) Therefore, the petition under section 482 of Cr.P.C., is dismissed summarily, with the observation that if the petitioner Sanjay surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.22.11.2011 N.P