Ajay Kumar And Others vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C528 application has been filed by the applicants for quashing the entire proceedings arising out of Charge Sheet No.240 of 2019 dated 27.07.2020 as well as the cognizance order dated 20.11.2021, passed by the Court of learned Chief Judicial Magistrate, Dehradun in Crl. Case No.844 of 2021 (S.T. No.85 of 2022), State v. Ajay Kumar & others, and FIR No.0240 of 2019 dated 26.06.2019 registered at Police Station Sahaspur, District Dehradun, under Sections 323, 504, 506 and 356 IPC.

Today both the parties are present before this Court, except respondent no.2-Vijay Chandel, who is present through video conferencing, are duly identified by their respective Counsels.

Along with C528 application, a Compounding Application (IA No.1 of 2024) has been filed by the parties, duly supported by their respective affidavits.

While interacting with both the parties, it is admitted to them that they have entered into compromise and since they are next door neighbours they want to live peacefully, therefore, they have settled their dispute.

It is submitted by learned counsel for the parties that in term of compromise entered into between the parties entire proceedings of Charge Sheet No.240 of 2019 dated 27.07.2020 as well as the cognizance order dated 20.11.2021, passed by the Court of learned Chief Judicial Magistrate, Dehradun in Crl. Case No.844 of 2021 (S.T. No.85 of 2022), State v. Ajay Kumar & others, in FIR No.0240 of 2019 dated 26.06.2019 registered at Police Station Sahaspur, District Dehradun, under Sections 323, 504, 506 and 356 IPC shall be quashed.

Having considered the rival submission of the parties and affidavit(s) filed in support of compounding application, this Court is of the view that when the parties do not want to pursue the matter and want to settle their dispute, it will be a futile exercise to tell them to face the trial which would ultimately result into acquittal of the applicant.

In this view of the matter, Compounding Application is allowed. Consequently, the cognizance order dated 20.11.2021 as well as the entire proceedings of Criminal Case No.844 of 2021 (S.T. No.85 of 2022), State v. Ajay Kumar & others, pending in the Court of learned Chief Judicial Magistrate, Dehradun are hereby quashed. Resultantly, FIR No.0240 of 2019 dated 26.06.2019 registered at Police Station Sahaspur, District Dehradun, under Sections 323, 504, 506 and 356 IPC, pursuant to which Charge Sheet No.240 of 2019 dated 27.07.2020 was filed, is also quashed.

C528 application stands disposed of accordingly.