Ashutosh Pandey vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.4663 of 2021, “State vs. Jainual and Another”, pending before the IInd Judicial Magistrate, Dehradun.

After completion of the investigation, charge-sheet was filed. The learned trial court took cognizance and passed the summoning order under Sections 420, 120B of IPC and Section 66D of the Information Technology Act, 2000 against the present applicant.

Heard Mr. B.S. Negi, learned counsel for the applicant, Mr. Pramod Tiwari, learned Brief Holder for the State and Mr. Prabhakar Joshi, learned counsel for the respondent no.2/informant/victim.

The learned counsel for the applicant submitted that the applicant – accused Ashutosh Pandey is in judicial custody and he is in District Jail, Sudhowala, Dehradun.

Mr. Kalam Singh, the respondent no.2/ informant/victim, is present through video conferencing. He is identified by Mr. Prabhakar Joshi, Advocate.

Mr. Kalam Singh, the respondent no.2, submitted that he has filed a Compounding Application (IA No.01 of 2022) along with his affidavit with his free will and without any pressure. He further submitted that he does not want to proceed with the said criminal case against the present applicant.

On 15.06.2022 and 27.06.2022, the State was granted liberty to file objection(s) to the compounding application. Objection(s) has not been filed.

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

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.4663 of 2021, “State vs. Jainual and Another”, pending before the IInd Judicial Magistrate, Dehradun, are quashed, qua the applicant – accused Ashutosh Pandey, only.

Resultantly, the entire proceedings of Criminal Case No.4663 of 2021, “State vs. Jainual and Another”, pending before the IInd Judicial Magistrate, Dehradun, are quashed, qua the applicant – accused Ashutosh Pandey, only.

The Criminal Miscellaneous Application No.887 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.

The Registry is directed to provide a copy of this order forthwith to the Superintendent of District Jail, Sudhowala, Dehradun, for necessary action.