Harjinder Singh And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 12.08.2019, cognizance/summoning order dated 13.08.2021 and the entire proceedings of the Criminal Case No. 304 of 2021, “State vs. Harjinder Singh and another”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar.

Subsequent to submission of charge-sheet, the trial court took the cognizance and passed the impugned summoning order against the applicant no. 1- Harjinder Singh for the offence under Sections 323, 452, 504 & 506 of IPC and under Sections 323, 504 and 506 of I.P.C. against the applicant no. 2- Smt. Nanki Kaur .

Heard Mr. Kaushal Sah Jagati, the learned counsel for the applicants, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. Yogesh Upadhyay, the learned counsel for the private respondent nos.2 to 4.

Both the applicants are present in-person before this Court and they are identified by Mr. Kaushal Sah Jagati , Advocate.

The respondent no.2- Chhinder Singh, informant/victim, the father of the applicant no. 1, the respondent no. 3- Sonia Kaur and the respondent no. 4-Rekha Kaur are present in-person before this Court and they are identified by Mr. Yogesh Upadhyay, Advocate.

Both, the applicants and the respondent nos. 2 to 4, informant/victims submitted that they have resolved their disputes and after resolving their disputes, they have filed a joint Compounding Application (IA No.01 of 2022) along with affidavits with their free will and without any pressure.

The respondent nos. 2 to 4 further submitted that they do not want to proceed with the said criminal case against both the applicants.

The learned counsel for the State submitted that there were private disputes between the parties and the said disputes have been resolved by them. 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 dated 12.08.2019, the impugned cognizance/summoning order dated 13.08.2021 and the entire proceedings of the Criminal Case No. 304 of 2021, “State vs. Harjinder Singh and Another”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 12.08.2019, the impugned cognizance/summoning order dated 13.08.2021 and the entire proceedings of the Criminal Case No. 304 of 2021, “State vs. Harjinder Singh and Another”, pending before the Judicial Magistrate, Jaspur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No. 893 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.