Mahmood And Sajid vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants - accused persons, namely, Mahmood and Sajid have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.1351 of 2019, “State vs. Mahmood and Another”, pending before the IInd Judicial Magistrate, Roorkee, 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 Section 384 of IPC.

Heard Mr. Matloob Rawat, learned counsel for the applicants, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Mohd. Safdar, learned counsel for the respondent no.2/ informant/ victim.

Both the applicants are present in-person before this Court and they are identified by Mr. Matloob Rawat, Advocate.

The respondent no.2, informant/victim and Sakir, victim, are present in-person before this Court and they are identified by Mr. Mohd Safdar, Advocate.

The applicants, the respondent no.2 and the victim Sakir, submitted that they have resolved their disputes and after resolving their disputes, they have filed affidavits along with a joint Compounding Application (IA No.02 of 2022) with their free will and without any pressure.

The respondent no.2 and the victim – Sakir have further submitted that they do not want to proceed with the said criminal case.

The learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes, therefore, 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 entire proceedings of Criminal Case No.1351 of 2019, “State vs. Mahmood and Another”, pending before the IInd Judicial Magistrate, Roorkee, District Haridwar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.1351 of 2019, “State vs. Mahmood and Another”, pending before the IInd Judicial Magistrate, Roorkee, District Haridwar, are quashed.

The Criminal Miscellaneous Application No.207 of 2021, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.