Amit Chauhan & Others vs State Of Uttarakhand & Another

Pankaj Purohit, J

Present C482 application has been filed by the applicants along with the Compounding Application (IA/1/2022) for quashing the entire proceedings of Criminal Case No. 1649 of 2022 (old No. 1519 of 2016) ‘State vs. Amit Chauhan and Others’ including impugned F.I.R. lodged as Case Crime No. 186 of 2016 dated 25.07.2016 under Sections 420, 467, 468 & 471 of IPC at P.S. Ranipur, District Haridwar and Charge Sheet No. 155 of 2016 dated 04.10.2016 under Sections 420, 467, 468, 471, 120-B, 411, 416 & 34 of IPC, impugned cognizance and summoning order dated 24.10.2016 passed by learned Additional Chief Judicial Magistrate, District Haridwar.

It is contended in the compounding application by the parties that the applicants and the respondent no. 2 sort out their dispute amicably outside the Court without any coercion or undue pressure voluntarily with their own sweet will;; that, applicants have already paid the amount of Rs. 81,340/- to the respondent no.2 due to which the informant does not want to prosecute the applicants anymore; and at present no grievance left between the parties to litigation. They want to end the proceedings which are pending as Criminal Case No. 1649 of 2022 (Old No. 1519 of 2016).

Today, applicant nos. 1 & 2 (Amit Chauhan and Sonu Pal respectively) and respondent no.2 Sushil Kumar are present before this Court and applicant no. 3 (Mukesh Kumar) has appeared through V.C., duly identified by their respective Advocates.

On interaction with the parties, it was found that they do not want to prolong the matter any further and want to settle the dispute amicably.

Respondent no.2, however, made a categorical statement before this Court that he does not want to pursue with the case and wants to put an end to all the disputes between them.

I have gone through the compounding application and the pleadings made by the applicants in C482 application.

Per contra, learned counsel for the State has objected as the offences made out in the present case are non compoundable.

This Court is convinced that once the parties have decided to settle their dispute amicably, it would not be appropriate to direct them to face the trial which would ultimately result into nothing but acquittal and it would amount to be a futile exercise.

Accordingly, Compounding Application (IA No.1 of 2022) is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Criminal Case No. 1649 of 2022 (old No. 1519 of 2016) ‘State vs. Amit Chauhan and others’ including impugned F.I.R. lodged as Case Crime No. 186 of 2016 dated 25.07.2016 under Sections 420, 467, 468 & 471 of IPC at P.S. Ranipur, District Haridwar and Charge Sheet No. 155 of 2016 dated 04.10.2016 under Sections 420, 467, 468, 471, 120-B, 411, 416 & 34 of IPC, impugned cognizance and summoning order dated 24.10.2016 passed by learned Additional Chief Judicial Magistrate, District Haridwar are hereby quashed.

The amount of ₹2,00,000 as deposited by the applicants before the trial court be released in their favour, adjusting the amount already paid to the informant.

C482 application stands disposed of in the aforesaid terms.