Jonu Alias Vishal And Akash vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants - accused persons, namely, Jonu alias Vishal and Akash have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet, cognizance/ summoning order dated 24.12.2021 and the entire proceedings of Criminal Case No.630 of 2021, “State vs. Akash and Another”, pending before the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the impugned summoning order against the present applicants under Sections 356, 379 and 411 of IPC.

Heard Mr. Yogesh Kumar Sharma, learned counsel for the applicants, Mr. V.K. Gemini, learned Deputy Advocate General for the State and Mr. Sandeep Tiwari, learned counsel for the respondent no.2/informant/victim.

The applicant – Jonu alias Vishal is present in-person and he is identified by Mr. Yogesh Kumar Sharma, Advocate.

The respondent no.2 – Rahul Tyagi, informant/victim is present in-person and he is identified by Mr. Sandeep Tiwari, Advocate.

The learned counsel for the applicants submitted that the applicant no.2 – Akash is in judicial custody in this matter.

The respondent no.2 – Rahul Tyagi submitted that he does not want to proceed with the said criminal case and submitted that a joint Compounding Application (IA No.01 of 2022) has been filed along with affidavits with their free will and without any pressure.

The learned counsel appearing for 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, cognizance/ summoning order dated 24.12.2021 and the entire proceedings of Criminal Case No.630 of 2021, “State vs. Akash and Another”, pending before the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar, is quashed.

Resultantly, the impugned charge-sheet, cognizance/ summoning order dated 24.12.2021 and the entire proceedings of Criminal Case No.630 of 2021, “State vs. Akash and Another”, pending before the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar, is quashed.

The Criminal Miscellaneous Application No.773 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.

Let a copy of this order be issued forthwith to the Superintendent of Jail, Roorkee, for necessary action.