IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL APPLICATION NO. 959 OF 2005 (U/s 482 Of Cr.P.C.) Varun Singh @ Arun & another …………Applicants Versus State of Uttarakhand & another …………Respondents Dated: October 9, 2009 Sri Manish Arora, Adv. for the applicants Sri Nandan Arya, AGA for the State Sri Parikshit Saini, Adv. for respondent no.2. HON. DHARAM VEER, J. This is an application moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.) for quashing the order dated 6.12.2005 passed by Addl. Sessions Judge/IV FTC, Haridwar in S.T. No.207 of 2004, State Vs. Kuwalpal & others. Heard learned counsel for the parties and perused the material on record. In brief, the facts of the case are that respondent no.2-Nakli Singh lodged an FIR on 18.5.2001 at 6:15 P.M. at P.S. Gangnaher (Roorkee), Distt. Haridwar with the averments that accused Kunwar Pal, Dhiraj, Sanjay, Nakli S/o Tara Chand, Tara Chand along with the applicants Varun Singh @ Arun and Viraj caused injuries to the respondent no.2-Nakli Singh and his sons with Lathis and iron rods, on the basis of which a case u/s 147/323/504/ 506/307 IPC was registered against the accused. Thereafter the matter was investigated by the I.O. and after completing the investigation, the I.O. filed the charge sheet against the accused persons Kunwar Pal, Dhiraj, Sanjay, Nakli, Tara Chand except the applicants Varun Singh @ Arun and Viraj in the court. Thereafter, the complainant moved an application before the trial court for summoning the applicants’ u/s 319 Cr.P.C. In the trial court, the complainant Nakli Singh appeared and in his examination-in-chief, disclosed the names of applicants Varun Singh @ Arun and Viraj and said that they committed Marpit with iron rods and Lathis with him. Learned Addl. Sessions Judge/IV FTC, Haridwar after hearing counsel for the parties and appreciating the material on record as well as considering the statement of respondent no.2-Nakli Singh, summoned the accused persons u/s 319 Cr.P.C. to face trial vide order dated 6.12.2005. Against that order, the applicants have filed the present application. A compromise application no.1081 of 2009 has been moved on behalf of the applicant no.1-Varun Singh @ Arun and respondent no.2 along with which a joint compromise has been annexed arrived at in between the applicant no.1-Varun Singh @ Arun and respondent no.2-Nakli Singh and injured Devraj and Shivraj. By way of that application, it has been prayed that the present C482 application may be disposed of in view of the amicable settlement between the parties. Sri Nandan Arya, learned AGA while raising objection to this application stated that as per the table provided in Section 320 Cr.P.C. regarding compounding of offences, Section 307 IPC has not been defined under that table and therefore that application cannot be accepted. I find force in the argument raised by learned AGA for the State. Section 307 IPC is not a compoundable offence, therefore, the compromise application is rejected. Even otherwise, the trial court will decide the case after recording the evidence of the complainant as well as of the accused persons and also on the basis of the appreciation of the evidence as per law. It is well settled that while exercising jurisdiction under section 482 of the Cr.P.C., the High Court would not ordinarily embark upon the enquiry as to whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial judge. If the allegations made in the application u/s 319 Cr.P.C. are taken at their face value and accepted in their entirety, I am of the view that the applicants have rightly been summoned by the trial court. The trial court will decide the case after recording the evidence adduced before it. For the reasons recorded above, there is no force in the application. The application C482 is devoid of merit and is hereby dismissed. Interim order dated 23.12.2005 passed by this Court stands vacated. (Dharam Veer, J.) October 9, 2009 Rajeev Dang