High CourtsSingle Bench

Gurmeet Singh vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 8 February 2023 · Citation: (2023) 02 UK CK 0016

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 325, 504, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 204 Of 2023
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Judgment

11 paragraphs · 391 words

Alok Kumar Verma, J

1.

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.5690 of 2019, “State vs. Gurmeet Singh”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun.

2.

Subsequent to the submission of the charge-sheet, the learned Trial Court took the cognizance and passed the summoning order against the present applicant for the offence under Sections 323, 325, 504 and 506 IPC.

3.

Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant & Mr. Pranav Singh, learned counsel for the respondent no.2/informant/victim through Video Conferencing and Mr. Siddhartha Bisht, learned Brief Holder for the State.

4.

The applicant – Gurmeet Singh, husband of the respondent no.2, is present through Video Conferencing and he is identified by Mr. Vaibhav Singh Chauhan, Advocate. Smt. Tersem Kaur, the respondent no.2 and the wife of the applicant, is present through Video Conferencing and she is identified by Mr. Pranav Singh, Advocate.

5.

Both, the applicant and the respondent no.2 submitted that they are living together. There were some private disputes between them and they have resolved the said disputes. The respondent no.2 submitted that she does not want to proceed with the said criminal case. The applicant and the respondent no.2 further submitted that they have filed a Compounding Application (IA No.02 of 2023) along with affidavits with their free will and without any pressure.

6.

Learned counsel for the State submitted that there were private disputes between the applicant and the respondent no.2 and they have resolved their disputes, therefore, the State has no objection.

7.

Keeping in view of the totality of the fact 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.5690 of 2019, “State vs. Gurmeet Singh”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun, are quashed.

8.

Resultantly, the entire proceedings of Criminal Case No.5690 of 2019, “State vs. Gurmeet Singh”, pending before the court of IInd Additional Chief Judicial Magistrate, Dehradun, are hereby quashed.

9.

The Criminal Misc. Application (No.204 of 2023), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.

10.

Urgency Application (IA No.01 of 2023) stands disposed of accordingly.