Beer Singh Rawat & Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant – accused Beer Singh Rawat has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet No.168A of 2014, cognizance/ summoning order dated 07.11.2017 and entire proceedings of Criminal Case No.824 of 2017 (Case Crime No.126 of 2013, Police Station Sahaspur, District Dehradun), “State vs. Beer Singh”, pending before the Ist Judicial Magistrate, Vikas Nagar, District Dehradun.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the impugned summoning order dated 07.11.2017 under Sections 417, 420 and 120B of IPC against the present applicant – accused Beer Singh Rawat.

The applicant – accused Raj Kumar has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet No.168 of 2014, cognizance/ summoning order dated 27.01.2015 and the entire proceedings of the Criminal Case No.63 of 2015 (Case Crime No.126 of 2013, Police Station Sahaspur, District Dehradun), “State vs. Raj Kumar”, pending before the Judicial Magistrate, Vikas Nagar, District Dehradun.

Subsequent to the submission of the charge-sheet, the learned trial court took cognizance and passed the impugned summoning order dated 27.01.2015 against the present applicant – accused Raj Kumar under Sections 420, 417 and 120 B of IPC.

The applicant – Beer Singh Rawat and the applicant Raj Kumar, are present in-person before this Court and they are identified by Mr. Vaibhav Singh Chauhan, Advocate.

The respondent no.2 Nazim, the informant/victim is present in-person before the Court and he is identified by Mr. Manvendra Singh, Advocate.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicants, Mr. V.K. Gemini, learned Deputy Advocate General for the State and Mr. Manvendra Singh, learned counsel for the respondent no.2/informant/victim.

The respondent no.2 Nazim and both the applicants submitted that they have resolved their private disputes and they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

The respondent no.2 – Nazim further submitted that he does not want to proceed with the said criminal case.

The learned counsel for the State submitted that there were private disputes between the respondent no.2 and the applicants and they have resolved their disputes, therefore, the State has no objection.

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 impugned charge-sheet No.168A of 2014, cognizance/ summoning order dated 07.11.2017 and the entire proceedings of the Criminal Case No.824 of 2017, “State vs. Beer Singh” pending before the court of Ist Judicial Magistrate, Vikas Nagar, District Dehradun, and the impugned charge-sheet No.168 of 2014, cognizance/ summoning order dated 27.01.2015 and the entire proceedings of the Criminal Case No.63 of 2015, “State vs. Raj Kumar”, pending before the Judicial Magistrate, Vikas Nagar, District Dehradun, are quashed.

Resultantly, the impugned charge-sheet No.168A of 2014, cognizance/ summoning order dated 07.11.2017 and the entire proceedings of the Criminal Case No.824 of 2017, “State vs. Beer Singh” pending before the court of Ist Judicial Magistrate, Vikas Nagar, District Dehradun, and, the impugned charge-sheet No.168 of 2014, cognizance/ summoning order dated 27.01.2015 and the entire proceedings of the Criminal Case No.63 of 2015, “State vs. Raj Kumar”, pending before the Judicial Magistrate, Vikas Nagar, District Dehradun, are quashed.

The Criminal Miscellaneous Application No.775 of 2022 and the Criminal Miscellaneous Application No.783 of 2022, filed under Section 482 of the Code of Criminal Procedure, 1973, are disposed of accordingly.