High CourtsSingle Bench(2022) 02 UK CK 0007

Kamaljeet Singh And Others vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 1 February 2022

HON’BLE JUDGES
Alok Kumar Verma, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 203 Of 2022

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Judgment

20 paragraphs · 357 words

Alok Kumar Verma, J

1.

The applicants have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the

impugned charge-sheet dated 15.11.2017, cognizance and summoning order dated 03.01.2018, passed by the learned Judicial Magistrate/ Civil Judge

(Junior Division), Rudrapur, District Udham Singh Nagar along with the entire proceedings of the Criminal Case No.27 of 2018, “State vs.

Kamaljeet and Othersâ€, under Sections 147, 504 and 506 of IPC, pending before the court of the learned First Additional Civil Judge (Senior

Division), Rudrapur, District Udham Singh Nagar in terms of compromise between the parties.

2.

Heard Mr. M.K. Ray, the learned counsel appearing for the applicants, Mr. P.S. Uniyal, the learned Brief Holder appearing for the State and Mr.

Himanshu Rathore, the learned counsel appearing for the informant/victim/the respondent no.2.

3.

The applicants and the respondent no.2 are present through video conferencing. They are identified by their respective counsel.

4.

Mr. Narendra Kumar, the respondent no.2 submitted that he does not want to proceed with the said criminal case. The applicants and the

respondent no.2 submitted that the disputes between the parties have been resolved and they have filed a joint Compounding Application (IA No.02 of

2022) along with their affidavits with their free will and without any pressure.

5.

The learned counsel appearing for the State has no objection.

6.

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 and summoning order and entire proceedings of Criminal Case No.27 of 2018 “State vs. Kamaljeet and

Othersâ€​, are quashed.

7.

Resultantly, the charge-sheet dated 15.11.2017, cognizance and summoning order dated 03.01.2018 and entire proceedings of Criminal Case No.27

of 2018, “State vs. Kamaljeet and Othersâ€, under Sections 147, 504 and 506 of IPC, pending before the court of the learned First Additional Civil

Judge (Senior Division), Rudrapur, District Udham Singh Nagar, are quashed.

8.

The Criminal Miscellaneous Application No.203 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.