Bhajan Singh 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. 4969 of 2022, “State of Uttarakhand vs. Bhajan Singh”, pending before the Court of Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Udham Singh Nagar.

After completion of the investigation, the charge-sheet was filed. The trial court took the cognizance and passed the summoning order under Sections 384 and 506 I.P.C. against the applicant – accused.

Heard Mr. Mani Kumar, the learned counsel for the applicant, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. Kishore Rai, the learned counsel for the private respondent no.2.

According to the prosecution, on 17.09.2021 at around 13 hours, the present applicant-accused had threatened to kill Pushkar Raj Jain, the informant/victim while demanding thirty lakhs from him.

Mr. Bhajan Singh, the applicant- accused is present in-person before this Court and he is identified by Mr. Mani Kumar, Advocate.

The respondent no. 2- Pushkar Raj Jain, the informant/victim, is present in-person before this Court and he is identified by Mr. Kishore Rai, Advocate.

Both, the applicant and the respondent no. 2 submitted that there were private disputes between them and they have resolved their disputes and after resolving their disputes, they are living peacefully. They further submitted that they have filed a joint compounding application along with their affidavits.

The respondent no. 2 further submitted that he has filed his affidavit with his free will and without any pressure and he does not want to proceed with the said criminal case against the applicant.

The learned counsel for the State submitted that there were private disputes between the parties.

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. 4969 of 2022, “State of Uttarakhand vs. Bhajan Singh”, pending before the Court of Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 4969 of 2022, “State of Uttarakhand vs. Bhajan Singh”, pending before the Court of Additional Chief Judicial Magistrate/1st Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application (No. 1164 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.