Ganesh Singh & Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The applicants-accused persons invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned charge sheet dated 19.11.2021, cognizance/summoning order dated 22.01.2022 and all the proceedings of Criminal Case No.151 of 2022 (Case Crime No.73 of 2021), “State vs. Ganesh Singh Bhandari and others”, pending before the Court of Judicial Magistrate, Tanakpur, District Champawat.

Subsequent to the submission of the charge sheet, the learned Trial Court took cognizance and passed the impugned summoning order against the applicants-accused persons under Sections 323, 452, 504 and 506 of IPC.

Heard Mr. K.S. Bora, the learned counsel for the applicants, Mr. Lalit Miglani, AGA with Ms. Sonika Khulbe, Brief Holder for the State and Ms. Meenu, the learned counsel for the private respondent nos.2, 3 & 4.

The respondent no.2 Somnath Singh, informant, the respondent no.3 Smt. Priyanka Singh, the respondent no.4 Smt. Tara Devi and all the applicants-accused persons, namely Ganesh Singh, Smt. Durga Rajput, Smt. Suman and Shrestha Singh are present in person before this Court. The private respondent nos.2, 3 & 4 are identified by Km. Meenu, Advocate. All the applicants are identified by Mr. K.S. Bora, Advocate.

The private respondent nos.2, 3, 4 and the applicants submitted that there were private disputes between them and they have resolved their disputes. The private respondent nos.2, 3 and 4 submitted that they do not want to proceed with the said criminal case. The respondent nos.2, 3, 4 and all the applicants further submitted that they have filed a joint compounding application along with affidavits with their free will and without any pressure.

Mr. Lalit Miglani, learned counsel for the State, submitted that there were private disputes between the parties and they have resolved their disputes. Therefore, the 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 impugned charge-sheet, cognizance /summoning order dated 22.01.2022 and all the proceedings of Criminal Case No.151 of 2022 (Case Crime No.73 of 2021), “State vs. Ganesh Singh Bhandari and others”, pending before the learned Judicial Magistrate, Tanakpur, District Champawat, are quashed.

Resultantly, the impugned charge-sheet, cognizance and summoning order dated 22.01.2022 and all the proceedings of Criminal Case No.151 of 2022 (Case Crime No.73 of 2021), “State vs. Ganesh Singh Bhandari and others”, pending before the learned Judicial Magistrate, Tanakpur, District Champawat, are quashed.

The Criminal Miscellaneous Application No.519 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.