Jaypal Singh @ Jaipal vs State Of Uttarakhand And Others

Ravindra Maithani, J

The instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023,, has been preferred by the petitioner for quashing of the Chargesheet No.98B of 2020, dated 19.11.2020 (Case Crime No.449 of 2019, under Sections 420, 467, 468, 471 and 120-B IPC, Police Station Kotwali Roorkee, District Haridwar), Cognizance Order dated 19.01.2024, passed in Criminal Case No.142 of 2024, State Vs. Jaypal, by the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

Heard learned counsel for the parties and perused the record.

According to the FIR, co-accused, by forging documents, sold a property of the respondent no.3 (“the informant”) to the petitioner.

Learned counsel for the petitioner would submit that the informant and the co-accused have already settled the dispute; the petitioner has not committed any offence; now parties have settled the dispute amicably.

The petitioner as well as the respondent no.2 is present in person before the Court, as identified by their respective counsel. They have accepted the compromise.

The Court particularly asked the informant. She would submit that she and the petitioner have settled the dispute amicably. Now she does not want to proceed with the case.

Having considered the nature of offence and all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the petition is allowed. The chargesheet dated 19.11.2020, Cognizance Order dated 19.01.2024, as well as the entire proceedings of the case, are hereby quashed.

Compounding Application No. 01 of 2024 stands disposed of, accordingly.