BHARAT SINGH PUNDIR vs STATE OF UTTARAKHAND AND ANOTHER

Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash the impugned charge sheet dated

19.08.2017 and summoning order dated 06.02.2018 and the entire proceedings of Criminal Case No.228 of 2018 (Case Crime No.323 of 2017) State

vs. Bharat Singh Pundir & others under Section 417, 420 IPC, Kotwali Manglour District Haridwar pending in the Court of J.M. 1st Roorkee District

Haridwar on the ground that the dispute has been amicably settled between the parties and the offence has been compounded. Alongwith the criminal

misc. application, compounding application has been filed. In support of compounding application, compromise affidavits have been filed by the

applicant-Bharat Singh Pundir and respondent no.2-Margoob. In the affidavit, it is stated by respondent no.2 that dispute between him and applicant

has been settled and he has no grievance remain from applicant, as such the matter between respondent no.2 and the applicant has been settled

amicably and the respondent no.2 does not wish to carry the criminal litigation against the applicant.Â

Learned counsel for the complainant submits that there was dispute between the parties due to which the FIR was lodged but allegations are not

correct.

Learned Deputy Advocate General submitted that the offences are compoundable. Â

It is prayed that the entire proceedings of Criminal Case No.228 of 2018 (Case Crime No.323 of 2017) State vs. Bharat Singh Pundir & others

pending in the court of J.M. 1st Roorkee District Haridwar may be quashed.

Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.Â

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to

restore peace and harmony between them.Â

Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that

the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.Â

Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.228 of 2018 (Case Crime

No.323 of 2017) State vs. Bharat Singh Pundir & others pending in the court of J.M. 1st Roorkee District Haridwar, so far same relates to the

applicant, are hereby quashed.

Compounding application is, accordingly, disposed of.Â