Jasveer Singh Rawat Alias Jassi vs State Of Uttarakhand And Another

Ravindra Maithani, J

Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred by the petitioner for quashing the summoning order dated 09.05.2022, under Sections 147, 323, 504, IPC, passed in Criminal Case No.3430 of 2022, State vs. Sandeep Kukreti and others, by the court of Additional Chief Judicial Magistrate, Dehradun, District Dehradun (“the case”) as well as entire proceeding of the case qua the petitioner on the basis of amicable settlement between the parties. A joint compounding application has also been filed supported by the affidavits.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 09.04.2020, the petitioner and the co-accused attacked the informant. The FIR is quite in detail.

Learned counsel for the parties would submit that there was a small dispute; the parties have settled the dispute amicably.

The petitioner and the respondent no.2 are before the Court, as identified by their respective counsel. They have verified the compromise. They have stated that they have settled the dispute amicably.

The Court particularly asked the respondent no.2, the informant, he would submit that they have settled the dispute amicably and he does not want to proceed with the case.

Having considered the nature of the offence and other attending factors, this Court is of the view that the petition may be decided on the basis of compromise between the parties. Accordingly, the petition deserves to be allowed.

The petition is allowed. The summoning order dated 09.05.2022 as well as entire proceedings of the case qua the petitioner, are hereby quashed.

Compounding Application (IA) No.1 of 2024 stands disposed of accordingly.