High CourtsSingle Bench

Deepti Tiwari vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 10 May 2023 · Citation: (2023) 05 UK CK 0027

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 452, 504, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 893 Of 2023
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Judgment

12 paragraphs · 344 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 7535 of 2020, “State vs. Deepti Tiwari”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.

2.

Subsequent to submission of charge-sheet, Trial Court took cognizance for the offence under Sections 323, 452, 504 and 506 of the Indian Penal Code, 1860 against the applicant.

3.

Heard Mr. T.P.S. Takuli, learned counsel for the applicant, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. Jayant Sah, learned counsel for respondent no. 2.

4.

Applicant-accused is present in-person before the Court and she is identified by Mr. T.P.S. Takuli, Advocate.

5.

Respondent no. 2 –informant/victim is present in-person before the Court and she is identified by Mr. Jayant Sah, Advocate.

6.

Both, applicant and respondent no. 2, informant/victim submitted that there were private disputes between them. They have resolved their disputes and after resolving their disputes, they have filed a joint compounding application.

7.

Respondent no. 2 further submitted that she has filed an affidavit with her free will and without any pressure and she does not want to proceed with the said criminal case.

8.

Learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes. Therefore, State has no objection.

9.

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. 7535 of 2020, “State vs. Deepti Tiwari”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed.

10.

Resultantly, the entire proceedings of Criminal Case No. 7535 of 2020, “State vs. Deepti Tiwari”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed.

11.

Criminal Miscellaneous Application (No. 893 of 2023), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.