Abrar Ahmad & Another vs State Of Uttarakhand And Another

Ravindra Maithani, J

Since, in both these petitions, the common questions of facts and law are involved, they are being decided by this common judgment.

By means of the instant petitions, the petitioners seek quashing of the chargesheet dated 19.08.2015, cognizance order dated 01.10.2015, passed in Criminal Case No. 3325 of 2015, State v. Nadeem Chauhan & others, under Sections 420, 467, 468, 471, 120-B, 504, 506 IPC, by the court of Additional Chief Judicial Magistrate, 1st, Dehradun (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties.

Heard learned counsel for the parties and perused the record.

Joint compounding applications have been filed by the petitioner as well as the respondent no. 2 (“the informant”), supported by the affidavits, in both the petitions.

It is argued that the parties have settled the dispute amicably. It is submitted that some of the co-accused have already compounded the matter in Criminal Misc. Application Nos. 1192 of 2018.

The petitioners and the informant are personally present before the Court, duly identified by their respective counsel. They have verified the contents of the compounding applications and stated that they have settled the dispute amicably.

The Court particularly asked the informant. He would submit that he has settled the dispute amicably and now he does not want to proceed with the case.

Having considered, this Court is of the view that it is a case which may be decided on the basis of amicable settlement between the parties. Accordingly, the petitions deserve to be allowed.

The petitions are allowed. The chargesheet dated 19.08.2015, cognizance order dated 01.10.2015 as well as the entire proceeding of the case are hereby quashed.

Compounding applications stand disposed of accordingly.