High Court · 2025

CRLA N o . 4 8 0 o f 2 0 2 2 W i t h Co m p o u n d i n g a p p l i c a t i o n N o . 2 o f 2 0 2 5 W i t h CRLA N o . 4 9 4 o f 2 0 2 2 H o n ' b l e Ra k e sh Th a p l i y a l , J. 1. Mr. Pankaj Tangwan, lear ned counsel for t he appellant s. 2. Mr. V.S. Pal, lear ned A.G.A. for t he St at e. 3. Mr. Jit endra Kum ar, learned counsel for t he com plainant . The CRLA No. 480 of 2022 has been 4. appellant s/ convict s preferr ed against j udgm ent and order dat ed 28.10.2022, passed by t he learned Dist rict & Sessions Judge, Haridwar in Session Trial No. 243 of 2007, arising out of Case Crim e No. 1A/ 5A of 2004, wher eby t he appellant s have been convict ed for t he offence punishable under Sect ion 308 read wit h Sect ion 149 of I PC and sent enced t o under go 3 year s rigorous im prisonm ent wit h t he fine of Rs. 5,000/ - , and in default of paym ent of fine t hey have t o furt her under go sim ple im prisonm ent . Sim ilarly, for t he offence punishable under Sect ion 323 r ead wit h Sect ion 149 I PC, all t he appellant s have been convict ed and sent enced t o undergo 6 m ont hs rigorous im prisonm ent and for t he offence punishable under Sect ion 324 read wit h Sect ion 149 I PC t he appellant s have been convict ed and sent enced t o one year rigorous im prisonm ent wit h t he fine of Rs. 2,000/ - , and t he offence punishable under Sect ion 147 I PC, t he appellant s have also been convict ed and sent enced t o undergo six m ont hs rigorous offence im prisonm ent t he t he punishable under Sect ion 148 appellant s have been convict ed and sent enced t o undergo one year rigorous m ont h’s I PC t o t hat im prisonm ent . 5. Now com pounding applicat ion I A No. 2 of 2025 has been m oved wit h t his cont ent ion t he appellant s as w ell t he respondent / com plainant belong sam e village and t hey have set t led t heir disput es am icably and all of t hem are living happily and t heir relat ions ar e very cordial and does not want t o proceed wit h t he inst ant appeal. Apart from t his, it is also argued t hat all of t hem are closely associat ed and t he allegat ions ar e not hing but t he disput e in bet w een t wo groups of t he sam e village and all of t hem have set t led t heir disput es. 6. Anot her appeal CRLA No. 494 of 2022 has been m oved by t he com plainant for enhancem ent of t he sent ence and t he sam e is also clubbed wit h t he CRLA No. 480 of 2022. 7. Appellant no. 2 Chint u @ Chim t u Singh and appellant no. 5 Balaharu @ Roshan Lal have already died, t herefore, CRLA No. 480 of 2022 st and abat ed t hem . Rem aining six against bot h of appellant s ar e present t he Court . Com plainant Arvind Kum ar w ho also filed separat e appeal CRLA No. 494 of 2022 has also m oved t he com pounding applicat ion along wit h t he appellant s/ convict and is also present in t he Court . 8. int eract wit h each of t hem , part icularly wit h t he com plainant who subm it s t hat he has r esolved all t he disput es wit h t he appellant s and all of t hem belongs t o t he sam e village and t heir relat ions are ver y cordial, t herefore, he does not want t his cr im inal t hat com pounding appeal and subm it s applicat ion be allowed by set - asiding t he order of convict ion. t he ot her side, Mr. V.S. Pal, 9. On learned A.G.A. subm it s t hat prim a facie allegat ion appear s bet w een t he t wo groups of village and t heir since now disput es, t he com pounding applicat ion can t hey all have set t led t o be a disput e This Court t o pursue rest of be allow ed. He fur t her subm it s t hat except t he offence punishable under Sect ion 323 I PC t he offences ar e not com poundable, however, he fairly subm it s t hat since t he part ies have set t led t heir disput e and all of t hem belongs t o t he sam e village and now t heir r elat ions are very cordial and now pr esent in t he Court , t her efore, t her e is no useful pur pose t o keep t hese crim inal appeals pending. 10. The appellant s and t he com plainant who ar e present in t he Court are ident ified by t heir r espect ive counsel. Xerox copy of t he Aadhar cards signed by t he part ies and verified by t heir counsel are filed and kept on record. 11. Aft er hearing t he argum ent s of t he learned counsel for t he part ies, t his Court is of t he com pounding t hat applicat ion deserves t o be allowed. 12. Accordingly, com pounding applicat ion is allowed and t he j udgm ent and order dat ed 28.10.2022 passed by t he learned Dist rict & Sessions Judge, Haridwar Session Trial No. 243 of 2007 is set aside. Sim ult aneously, proceedings of bot h t he crim inal appeals are closed. t he view ( Ra k e sh Th a p l i y a l , J.) 0 8 .1 0 .2 0 2 5 Parul