Debarshi Bandyopadhyay And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 1077 of 2020, “State vs. Debarshi Bandyopadhyay and another”, pending before the Court of Chief Judicial Magistrate, Dehradun.

Subsequent to submission of charge-sheet, the trial court took cognizance and passed the summoning order under Sections 420, 406, 120B of IPC against the present applicants-accused persons.

Heard Mr. Ramandeep Singh, learned counsel for the applicants, Mr. S.T. Bhardwaj, learned Deputy Advocate General and Mr. Ram Prasad, learned counsel for the respondent no. 2.

The applicants, Debarshi Bandyopadhyay and Smt. Banashri Biswas are present in-person before the Court. They are identified by Mr. Ramandeep Singh, Advocate.

The respondent no.2, Sunil Kapoor, is present in-person before the Court. He is identified by Mr. Ram Prasad, Advocate.

Both, the applicants and the respondent no. 2 submitted that there were private disputes between them and after resolving their disputes, 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 applicants.

The learned counsel for the State submitted that there were private disputes between the parties and the said disputes have been resolved by the parties, therefore, 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 entire proceedings of Criminal Case No. 1077 of 2020, “State vs. Debarshi Bandyopadhyay and another”, pending before the Court of Chief Judicial Magistrate, Dehradun, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 1077 of 2020, “State vs. Debarshi Bandyopadhyay and another”, pending before the Court of Chief Judicial Magistrate, Dehradun, are quashed.

The Criminal Miscellaneous Application No.1095 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.