Salman vs. State Of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Criminal Misc. Application No. 582 of 2016 (under Section 482 Cr.P.C.)

Salman and others ……….Applicants

Versus

State of Uttarakhand & another ………Respondents

Hon'ble Sudhanshu Dhulia, J. (Oral)

Mr. Mohd. Umar, Advocate for the applicants.

2. Mr. D.K. Sharma, Additional Advocate General for the State/respondent no.1.

3. Mr. Jitendra Chaudhary, Advocate for respondent no. 2.

4. Pursuant to a first information report lodged by respondent no. 2 against the applicants, Case Crime No. 46 of 2016 has been registered under Sections 147/452/354- B/427/506/225-B of IPC and Section 7/8 of Protection of Children from Sexual Offences Act at Police Station Jaspur, District Udham Singh Nagar. After investigation police has submitted the charge-sheet against the present applicants. Consequently, the learned Magistrate took cognizance and summoned the present applicants vide summoning order dated 07.05.2016. Hence, the present applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C.

5. Now, a compounding application has been moved submitting that the complainant does not want to proceed with the matter. The fact of the matter is that offences under Sections 147/452/354-B/427/506/225-B of IPC and Section 7/8 of Protection of Children from Sexual Offences Act are not compoundable.

6. However, in view of the aforesaid, as an interim measure, it is directed that further proceedings against the applicants in Case Crime No. 46 of 2016 under Sections 147/452/354-B/427/ 506/225-B of IPC and Section 7/8 of Protection of Children from Sexual Offences Act pending before FTC/Additional Session Judge, Special Judge POCSO Act, Rudrapur, Udham Singh Nagar shall remain stayed till further orders of this Court.

7. List this case after three weeks in the daily cause list.

(Sudhanshu Dhulia, J.) 20.06.2016

Rahul