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GURMUKH SINGH ALIAS GORKHA vs STATE OF UTTARAKHAND AND ANOTHER

Uttarakhand High Court · Decided on 9 May 2018 · Citation: (2018) 05 UK CK 0039

HON’BLE JUDGES
V.K. BIST, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 323, 506 · Code Of Criminal Procedure 1973, — Sectinon 482
RESULT
Allowed
CASE NUMBER
Compounding Application No.824 of 2018 In Criminal Misc. Application No.755 of 2018
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Judgment

20 paragraphs · 393 words
1.

Present criminal misc. application under section 482 has been filed by the applicant with the prayer to set aside the charge sheet dated 07.09.2016

and further set aside the entire proceedings of Criminal Case No.3587 of 2016 cited as “State vs. Gurmukh Singh @ Gorkha†under Sections 323

& 506 of IPC at P.S. I.T.I, Kashipur District Udham Singh Nagra pending in the court of Additional Chief Judicial Magistrate, Kashipur, Udham

Singh Nagar. Alongwith the criminal misc. application, compounding application has been filed. In support of compounding application, compromise

affidavit has been filed by respondent no.2-Tarsem Singh. In the affidavit, it is stated by respondent no.2 that dispute between him and applicant has

been settled and he has no grievance remain from applicant, as such the matter between respondent no.2 and the applicant has been settled amicably

and the respondent no.2 does not wish to carry the criminal litigation against the applicant.Â

2.

It is prayed that the entire proceedings of Criminal Case No.3587 of 2016 “State vs. Gurmukh Singh @ Gorkha†pending in the court of

Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar may be quashed.

3.

Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.Â

4.

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to

restore peace and harmony between them.Â

5.

Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that

the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.Â

6.

Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.3587 of 2016 “State vs.

Gurmukh Singh @ Gorkha†pending in the court of Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar, so far same relates

to the applicant, are hereby quashed.

7.

Compounding application is, accordingly, disposed of.Â