Jagmohan vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present applicant-accused, namely, Jagmohan, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 6360 of 2022, “State vs. Jagmohan”, pending before the Court of Chief Judicial Magistrate, Haridwar.

Subsequent to the submission of the charge sheet, the trial court took the cognizance and passed the summoning order under Sections 356, 379, 411, 34 of IPC against the present applicant – accused.

Heard Mr. Bilal Ahmed, the learned counsel for the applicant, Mr. S.T. Bhardwaj, the learned Deputy Advocate General for the State and Mr. Desh Raj Singh, the learned counsel for the private respondent no.2,informant/victim.

The applicant-accused, namely, Jagmohan, is present in-person before this Court and he is identified by Mr. Bilal Ahmed, Advocate.

The respondent no. 2, informant/victim, namely, Bijendra Pal alias Bijendra, is present in-person before this Court and he is identified by Mr. Desh Raj Singh, Advocate.

The respondent no. 2 and the applicant-accused submitted that there were private disputes between them and they have resolved their private disputes. They further submitted that after resolving their disputes, they have filed a joint compounding application along with their affidavits.

The respondent no. 2 – Bijendra Pal further submitted that he has filed his affidavit with his free will and without any pressure and he does not want to proceed with the said criminal case against the applicant-accused.

The learned counsel appearing for the State submitted that there were private disputes between the parties and they have resolved their disputes, 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 entire proceedings of Criminal Case No. 6360 of 2022, “State vs. Jagmohan”, pending before the Court of Chief Judicial Magistrate, Haridwar, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 6360 of 2022, “State vs. Jagmohan”, pending before the Court of Chief Judicial Magistrate, Haridwar, are quashed.

The Criminal Miscellaneous Application (No. 1374 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.