Jaypal And Others 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 entire proceedings of Criminal Case No. 517 of 2022, “State vs. Jaypal and Others”, pending before the Court of the Judicial Magistrate Jaspur, District Udham Singh Nagar.

After completion of the investigation, the charge-sheet was filed. The learned trial Court took cognizance and passed the summoning order under Sections 147, 148, 323, 504 and 506 of IPC against the applicants – accused, namely, Jaypal, Bharat Singh @ Bhartu, Raju, Anuj and Surendra.

Heard Mr. Shobhit Batra, the learned counsel for the applicants-accused persons, Mr. A.K. Sah, the learned Deputy Advocate General for the State and Mr. Ajeet Kumar Yadav, the learned counsel for the respondent nos. 2 to 4.

All the applicants—accused persons are present in-person before this Court with their learned counsel Mr. Shobhit Batra, Advocate.

The respondent no. 2– Dewkinandan, informant, the respondent no. 3- Nanhe and the respondent no. 4- Dharmendra, victims, are present in-person before this Court and they are identified by Mr. Ajeet Kumar Yadav, Advocate.

All the applicants and the respondent nos. 2 to 4 submitted that there were private disputes between them and they have resolved their disputes. They further submitted that after resolving their private disputes, they are living in peace and harmony. They submitted that they have filed a joint compounding application along with their affidavits.

The respondent no. 2, the informant, and, the respondent nos. 3 & 4, victims, submitted that they have filed their affidavits with their free will and without any pressure and they do not want to proceed with the said criminal case against the applicants- accused persons.

The learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes.

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. 517 of 2022, “State vs. Jaypal and Others”, pending before the Court of the Judicial Magistrate Jaspur, District Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 517 of 2022, “State vs. Jaypal and Others”, pending before the Court of the Judicial Magistrate Jaspur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application (No. 1451 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.