1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 754 of 2011 1. Devendra Pal Singh S/o Shri Soban Singh R/o Ram Shyam Colony, Ramnagar Road Kashipur, P.S. Kashipur District Udham Singh Nagar 2. Gurupreet Singh, S/o Shri Mohan Singh R/o Veerpur, Laxmi Nagar Budiya Farm P.S. Kashipur, District Udham Singh Nagar 3. Sunny, S/o Shri Sohan Singh R/o Ram Shyam Colony, Ramnagar Road Kashipur, P.S. Kashipur District Udham Singh Nagar 4. Raju, S/o Shri Jarnail Singh R/o Mahadev Nagar, P.S. Kashipur District Udham Singh Nagar ………..…Petitioners Versus 1. State of Uttarakhand, through Secretary Home Dehradun 2. Bhagat Singh, S/o Shri Swarn Singh Pradhan R/o Guljarpur, P.S. Kashipur District Udham Singh Nagar 3. Satnam Singh, S/o Shri Puran Singh R/o Gandhi Nagar, Khata, Kashipur District Udham Singh Nagar ....……Respondents Mr. Pratiroop Pandey, Advocate, present for the petitioners. Mr. S.S. Adhikari, A.G.A., present for the State. Mr. Harshpal Sekhon, Advocate, present for respondent nos. 2 and 3. Hon’ble Prafulla C. Pant, J. 2 Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case no. 906 of 2011, State vs. Devendra Pal Singh & others, relating to offences punishable under section 147, 148, 149, 323, 325, 504 and 506 I.P.C., Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur, Udham Singh Nagar. 3. Learned counsel for the petitioners, and learned counsel for the respondent nos. 2 and 3 pleaded that the parties have entered into compromise, and respondent no. 2 and 3 does not want to prosecute the petitioners. A compounding application no. 999 of 2011, has been moved, supported by affidavit of Devendra Pal Singh. The respondent no. 2 Bhagat Singh and respondent no. 3 Satnam Singh are present in court, identified by their counsel Mr. Harshpal Sekhon, Advocate. The two are injured persons of the incident who have entered into compromise with the petitioners. 4. The offenses punishable under section 323, 3 325, 504, and 506 IPC, are compoundable under section 320 Cr.P.C.. It is pleaded on behalf of the learned counsel for the parties that ingredients of the remaining offences punishable under section 147, 148, 149 IPC, are not made out from the allegations made against the petitioners. I have gone through the contents of the First Information Report, and the evidence said to have been collected by the Investigating Officer. Since, there are only four accused namely Devendra Pal Singh, Gurupreet Singh, Sunny, and Raju who are said to have been involved in the incident, it cannot be said that the offences punishable under section 147, 148, 149 IPC, are made out as the number of persons is less than five. 5. In the above circumstances, the compounding application no. 999 of 2011, is allowed so far as it relates to the compoundable offences. The petition under section 482 Cr.P.C., is also allowed. The proceedings of criminal case no. 906 of 2011, State vs. Devendra Pal Singh & others, relating to offences punishable under section 147, 148, 149, 323, 325, 504 and 506 I.P.C., Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, 4 Kashipur, Udham Singh Nagar, are hereby quashed. (Prafulla C. Pant, J.) Parul 25.08.2011