Digvijay Singh Alias Digvijay Singh Chauhan And Another vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.842 of 2024, “State Vs. Digvijay Singh Chauhan and Another”, pending before the Court of Judicial Magistrate, Jaspur, District Udhan Singh Nagar under Sections 434, 447, 504 and 506 of the Indian Penal Code, 1860.

Mr. Sanjay Kumar, learned counsel for the applicants.

Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent no.1.

Mr. Prasanna Karnatak, learned counsel for the respondent no.2.

Both the applicants are present in-person. They are identified by Mr. Sanjay Kumar, Advocate.

Mr. Jai Singh Dugtal is present in-person. He has submitted that he is a Chief Manager of the respondent no.2 and an authorized person to move a Compounding Application on behalf of the respondent no.2. He is identified by Mr. Prasanna Karnatak, Advocate.

Mr. Jai Singh Dugtal submitted that the respondent no.2 does not want to pursue the said Criminal Case No.842 of 2024.

A Compounding Application has been filed by the applicants and the respondent no.2 with affidavits.

Mrs. Sweta Badola Dobhal, Brief Holder appearing for the respondent no.1 has opposed the Compounding Application on the ground that Section 434 of the Indian Penal Code, 1860 is non-compoundable.

It is noticed that the parties have resolved their disputes amicably. Therefore, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice.

Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.842 of 2024, “State Vs. Digvijay Singh Chauhan and Another”, pending before the Court of Judicial Magistrate, Jaspur, District Udhan Singh Nagar, are quashed.

Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Criminal Case No.842 of 2024, “State Vs. Digvijay Singh Chauhan and Another”, pending before the Court of Judicial Magistrate, Jaspur, District Udhan Singh Nagar, are hereby quashed.