Harjinder Kaur And Another vs State Of Uttarakhand And Another

Alok Kumar Verma, J

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. 797 of 2022, “State of Uttarakhand vs. Balvinder Singh and Others”, pending before the Court of Judicial Magistrate/ Additional Civil Judge, Bazpur, District Udham Singh Nagar.

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

Mrs. Harjinder Kaur, applicant no.1 -accused is present in-person through video conferencing and she is identified by Mr. V.K. Guglani, Advocate.

Mr. Balvinder Singh- applicant no.2 is in judicial custody.

Surender Kaur, respondent no. 2-informant/victim is present in-person through video conferencing and she is identified by Mr. B.S. Koranga, Advocate.

Heard Mr. V.K. Guglani, learned counsel for the applicants, Mr. Pratiroop Pandey, learned A.G.A. for the State and Mr. B.S. Koranga, learned counsel for the respondent no. 2.

Ms. Surendra Kaur, respondent no. 2, submitted that she does not want to proceed with the said Criminal Case. She further submitted that there were private disputes between her and the applicants and the said disputes have been resolved, therefore, a joint compounding application has been filed along with affidavits with free will and without any pressure.

The respondent no. 2 requested to quash the entire proceedings of the said Criminal Case No. 797 of 2022, “State of Uttarakhand vs. Balvinder Singh and Others”.

Learned counsel appearing for the State opposed the said submissions.

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 entire proceedings of Criminal Case No. 797 of 2022, “State of Uttarakhand vs. Balvinder Singh and Another”, pending before the Court of Judicial Magistrate/ Additional Civil Judge, Bazpur, District Udham Singh Nagar for the offence under Sections 452, 323, 504 and 506 IPC, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 797 of 2022, “State of Uttarakhand vs. Balvinder Singh and Another”, pending before the Court of Judicial Magistrate/ Additional Civil Judge, Bazpur, District Udham Singh Nagar for the offence under Sections 452, 323, 504 and 506 IPC are quashed.

Balvinder Singh, the applicant no. 1 is in judicial custody. In case, the applicant no. 1 is not wanted in any other case, he will be released forthwith.

Let a certified copy of this order be sent to the Superintendent, Sub-Jail, Haldwani for necessary compliance.

The Criminal Miscellaneous Application No. 195 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.