Love Preet Singh And Anr. vs State Of Uttarakhand And Ors

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present C528 application, the applicants have put to challenge summoning/ cognizance order dated 08.05.2018 passed by the learned Special Sessions Judge, Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.552 of 2018 State Vs. Love Preet Singh and Another, under Sections 323, 504, 506 IPC and under Section 3(1)(r) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act along with charge-sheet dated 23.04.2018 filed pursuant to the FIR No.129 of 2018 registered at P.S. Sitarganj, District Udham Singh Nagar as well as the entire proceedings of the aforesaid criminal case.

Along with the present C528 application, a joint compounding application (IA/1/2025) is filed duly supported by separate affidavits by applicants and respondent Nos.2 & 3.

In the compounding application, it has been stated by the parties that since, none of the respondents sustained any grievous injury, therefore, the respondent Nos.2 and 3 do not wish to prosecute the applicants any further and they have settled their dispute amicably.

Applicants-Love Preet Singh, Gurmeet Singh, respondent No.2- Ram Singh (complainant) and respondent No.3- Mukesh Kumar (victim) are present before this Court, who are duly identified by their respective counsels. On interaction, respondent Nos.2 and 3 stated that they and the applicants are living in the same locality and they do not sustained any grievous injury, and, now, the matter is amicably settled between them, therefore, they want to end the matter.

Learned counsel for the applicants submits that the parties belong to same locality and now, when the matter is amicably settled by the parties, it would be futile exercise to keep this matter pending.

Learned State Counsel, per contra, expressed certain reservation in view of the Section 3(1)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against the applicants.

Having considered the submission made by the learned counsel for the parties and on perusal of the compounding application as well as the documents available on record, this Court is of the view that if the parties do not wish to pursue with the criminal proceedings anymore and they have settled their dispute amicably, it would not be useful for referring the applicant to Court to face the trial and it would amount to a futile exercise. In view of the compromise arrived at between the parties, nothing remains to be decided in the present matter.

Accordingly, compounding application (IA/1/2025) is allowed. The entire proceedings of Special Sessions Trial No.552 of 2018 State Vs. Love Preet Singh and Another, pending in the Court of learned Special Sessions Judge, Rudrapur, District Udham Singh Nagar, is hereby quashed. Resultantly, the charge-sheet dated 23.04.2018 and FIR No.129 of 2018 dated 15.04.2018 registered at P.S. Sitarganj, District Udham Singh Nagar, stand quashed.

Accordingly, the present C528 application is disposed of in terms of the compromise.