High CourtsSingle Bench

Arjun Singh Bisht vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 24 April 2023 · Citation: (2023) 04 UK CK 0076

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 452, 504, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 705 Of 2023
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Judgment

12 paragraphs · 349 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.5001 of 2022, “State vs. Arjun Singh Bisht”, pending before the Court of IInd Judicial Magistrate/IInd Additional Civil Judge (Junior Division), Haldwani, District Nainital.

2.

Charge-sheet was filed after completion of investigation. Learned Trial Court took the cognizance and passed the summoning order against the applicant-accused for the offence under Sections 323, 504, 506 and Section 452 of the Indian Penal Code, 1860.

3.

Heard Mr. K.K. Harbola, learned counsel for the applicant, Mr. Pankaj Joshi, learned Brief Holder for the State and Mr. Abhishek Joshi, learned counsel for the respondent no. 2.

4.

Applicant-accused Arjun Singh Bisht, is present in-person before this Court.

5.

Respondent - no.2-Manoj-Singh-Bisht, informant/ injured is present in-person before this Court.

6.

Both, applicant and respondent no.2 submitted that there were private disputes between them and they have resolved their disputes. After resolving their disputes, they have filed a joint compounding application alongwith affidavits with their free will and without any pressure.

7.

Respondent no.2 further submitted that applicant-accused is his uncle and he does not want to proceed with the said criminal case.

8.

Learned counsel appearing for the State submitted that there were private disputes between the parties and they have resolved their disputes, therefore, State has no objection.

9.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.5001 of 2022, “State vs. Arjun Singh Bisht”, pending before the Court of IInd Judicial Magistrate/IInd Additional Civil Judge (Junior Division), Haldwani, District Nainital, are quashed.

10.

Resultantly, entire proceedings of Criminal Case No.5001 of 2022, “State vs. Arjun Singh Bisht”, pending before the Court of IInd Judicial Magistrate/IInd Additional Civil Judge (Junior Division), Haldwani, District Nainital, are quashed.

11.

Criminal Miscellaneous Application No.705 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.