Compounding of Offence Application

1
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE

AT SHILLONG
SADAR P.S. CASE NO 18 (1) OF 2019
U/S 341/379/34 OF IPC

State
Versus
Shri Danielbirth M Momin ..…… Accused Person
IN THE MATTER OF:-
An Application under Section 320 of
the Code of Criminal Procedure,
1973 for compounding of offence.
AND
IN THE MATTER OF:-
Shri Paritosh Das,
Son of (L) Shri T M Das,
Resident of Barapathar, Shillong,
East Khasi Hills, Meghalaya.
…..Complainant
The Complainant abovenamed
MOST RESPECTFULLY SHEWETH:-
1. That the complainant/ applicant abovenamed is a bonafide citizen of
India, presently residing at the aforementioned address.
2. That the Complainant had filed a First Information Report dated 23rd
January 2019 (hereinafter, for brevity, to be referred to as the F.I.R.) and
the said F.I.R. was registered as registered by the Police against the
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accused as Sadar Police Station Case No 18 (1) of 2019 under Section
341/ 379/ 34 IPC (hereinafter, for brevity, to be referred to as I.P.C.).
3. That consequence to the filing of the said F.I.R., the Accused was
arrested he was produced before the Hon’ble Court on 24-01-2019 and
later released on bail.
4. That the Investigating Officer (hereinafter, for brevity, to be referred to as
the I/O) of the case later filed Chargesheet in this instant case and the
matter has been endorsed to this Hon’ble Court for disposal and
registered as SADAR P.S. Case No. 18 (1) of 2019.
5. That it is to mention herein that the provisions involved in this instant
case being Section 341/ 379/ 34 are compoundable offences.
a. As per Table 1 of Section 320 of the Code of Criminal Procedure,
1973 (hereinafter, for brevity, to be referred as Cr.P.C.), Section 341
I.P.C. is compoundable by the person restrained or confined.
b. Further, Section 379 I.P.C. is compoundable by the owner of the
property stolen
c. Furthermore, Section 320 (3) Cr.P.C. states that when an offence is
compoundable under this Section, the abetment of such offence or
an attempt to commit such offence (when such attempt is itself an
offence) or where the accused is liable under section 34 of the
Indian penal Code may be compounded in like manner.
Therefore, in view of the above, Sections 341, 379 and 34 of I.P.C. are
compoundable.
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6. That the Complainant who is also the Applicant in this instant case has
decided to give the Accused person another chance to lead a peaceful
life and has amicably settled their dispute amongst themselves and
therefor, the Petitioner is not willing to pursue this instant case any
longer by compounding this instant case.
7. That this instant application is filed bonafide for the ends of justice.
In the premises aforementioned, it is most
humbly prayed before this Hon’ble Court to
accept this instant application and pass
necessary orders to dispose this instant
case by compounding.
And pass any other orders / directions as
this Hon’ble Court may deem fit and proper
for the ends of justice.
And for which act of kindness, the Humble Applicant shall forever be
grateful.
____________________
HUMBLE APPLICANT
Dated, Shillong
______ November 2020

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A F F I D A V I T
I, SHRI PARITOSH DAS, S/o (L) Shri T.M. Das, aged about 54 years, R/o
Barapathar, Shillong, East Khasi Hills District, Meghalaya; do hereby solemnly
affirm and declare as follows:-
1. That I am bonafide citizen of India presently residing at the
aforementioned address.
2. That I am the Petitioner in this instant case and am conversant with the
facts and circumstances with this instant case and I am therefore
competent to swear this instant Affidavit.
3. That the statements made hereinabove are true to the best of my
knowledge, belief and information and the rest are my humble
submissions before this Hon’ble Court.
And we sign this instant Affidavit on this the _____ day of November 2020, at
Shillong.
____________________
DEPONENT
Solemnly affirmed and declared before mee by the abovenamed Deponent on
being identified by Ms QB Lamare, Advocate, on this the _____ day of
November, 2020 at Shillong.
Identified By:-
(Advocate, Shillong) NOTARY PUBLIC, SHILLONG

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V E R I F I C A T I O N
Verified at Shillong, on this the ___ day of November, 2020 that the contents
of the above affidavit are correct and true to the best of my knowledge, belief
and nothing has been concealed therefrom, so help me God.
Identified By:
____________________
Advocate, Shillong DEPONENT

Compounding of Offence Application

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1

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE

U/S 341/379/34 OF IPC

Shri Danielbirth M Momin ..…… Accused Person

IN THE MATTER OF:-

An Application under Section 320 of

the Code of Criminal Procedure,

1973 for compounding of offence.

IN THE MATTER OF:-

Shri Paritosh Das,

Son of (L) Shri T M Das,

Resident of Barapathar, Shillong,

East Khasi Hills, Meghalaya.

The Complainant abovenamed

MOST RESPECTFULLY SHEWETH:-

1. That the complainant/ applicant abovenamed is a bonafide citizen of

India, presently residing at the aforementioned address.

January 2019 (hereinafter, for brevity, to be referred to as the F.I.R.) and

accused as Sadar Police Station Case No 18 (1) of 2019 under Section

341/ 379/ 34 IPC (hereinafter, for brevity, to be referred to as I.P.C.).

arrested he was produced before the Hon’ble Court on 24-01-2019 and

later released on bail.

4. That the Investigating Officer (hereinafter, for brevity, to be referred to as

registered as SADAR P.S. Case No. 18 (1) of 2019.

5. That it is to mention herein that the provisions involved in this instant

case being Section 341/ 379/ 34 are compoundable offences.

a. As per Table 1 of Section 320 of the Code of Criminal Procedure,

1973 (hereinafter, for brevity, to be referred as Cr.P.C.), Section 341

I.P.C. is compoundable by the person restrained or confined.

b. Further, Section 379 I.P.C. is compoundable by the owner of the

c. Furthermore, Section 320 (3) Cr.P.C. states that when an offence is

compoundable under this Section, the abetment of such offence or

an attempt to commit such offence (when such attempt is itself an

offence) or where the accused is liable under section 34 of the

Indian penal Code may be compounded in like manner.

decided to give the Accused person another chance to lead a peaceful

longer by compounding this instant case.

In the premises aforementioned, it is most

humbly prayed before this Hon’ble Court to

accept this instant application and pass

necessary orders to dispose this instant

And pass any other orders / directions as

this Hon’ble Court may deem fit and proper

for the ends of justice.

______ November 2020

Barapathar, Shillong, East Khasi Hills District, Meghalaya; do hereby solemnly

affirm and declare as follows:-

1. That I am bonafide citizen of India presently residing at the

facts and circumstances with this instant case and I am therefore

competent to swear this instant Affidavit.

3. That the statements made hereinabove are true to the best of my

knowledge, belief and information and the rest are my humble

submissions before this Hon’ble Court.

Solemnly affirmed and declared before mee by the abovenamed Deponent on

being identified by Ms QB Lamare, Advocate, on this the _____ day of

November, 2020 at Shillong.

(Advocate, Shillong) NOTARY PUBLIC, SHILLONG

and nothing has been concealed therefrom, so help me God.

Advocate, Shillong DEPONENT

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