Govind Singh Takuli vs State Of Uttarakhand & Another

Ravindra Maithani, J

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the charge sheet no.39 of 2019 dated 17.03.2019, summoning order dated 08.04.2019 and entire criminal proceedings of Criminal Case No.1492 of 2019 State vs. Govind Singh Takuli pending before the learned Judicial Magistrate, First Haldwani, District Nainital on the ground of amicable settlement between the parties.

In the instant case F.I.R. is lodged under Sections 323, 504 and 506 IPC. After investigation charge sheet has been submitted against the petitioner.

A joint compounding application has also been filed by the parties, which is supported by the affidavits of the petitioner no.1 and respondent no.2.The petitioner no.1 Govind Singh Takuli is present in person before this Court, duly identified by his counsel Mr. Tarun Prakash Singh Takuli and respondent no.2 Zainul Abideen Warsi @ Z.A. Warsi is also present in person before this Court, duly identified by his counsel Mr. Deep Chandra Joshi. Petitioner no.1 and respondent no.2 state before the Court that they have amicably settled the dispute.

Learned counsel for the parties would argue that parties have settled the dispute. They have started living in harmony. Now, continuance of any criminal proceedings would definitely be non productive and would not yield any result to meet ends of justice. Hence, the proceedings may be quashed.

In the case of Gian Singh Vs. State of Punjab and Another, (2012) 10 SCC 303, Hon'ble Court, interalia, held as under:

The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed........................................................

Parties have already settled their dispute amicably. In fact, if the trial proceeds now, the possibility of conviction is remote and bleak. It would not secure the ends of justice. In fact, interest of justice demands that the criminal case is put to an end. Therefore, this Court is of the view that since parties have amicably settled their dispute, the criminal proceedings deserve to be quashed and the petition deserves to be allowed.

Accordingly, the instant petition is allowed. The entire criminal proceedings of Criminal Case No.1492 of 2019, State vs. Govind Singh Takuli, pending before the learned Judicial Magistrate, First, Haldwani District Nainital are hereby quashed.

Compounding Application No.1197 of 2019 stands disposed of accordingly.