Mamchand And Three Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.553 of 2017, “State vs. Mamchand & Others”, pending before the Court of Ist Judicial Magistrate, Roorkee, District Haridwar.

Subsequent to the submission of the charge-sheet, learned Trial Court took the cognizance and passed the summoning order against the present applicants-accused persons for the offence punishable under Sections 406, 420, 389, 504 & 506 of the Indian Penal Code, 1860.

Heard Mr. Tapan Singh, learned counsel for the applicants-accused persons, Mr. S.T. Bhardwaj, learned Deputy Advocate General assisted by Mrs. Shivangi Gangwar, learned Brief for the State and Mrs. Neetu Singh, learned counsel for the respondent no.2/informant/victim.

Applicants – accused persons, namely, Sanjay Kumar, Rajveer and Ajay are present in-person before the Court and they are identified by Mr. Tapan Singh, Advocate. The respondent no.2 – Jabir is present in-person before the Court and he is identified by Mrs. Neetu Singh, Advocate.

Mr. Tapan Singh, Advocate and Mrs. Neetu Singh, Advocate submitted that the applicant no.1-Mamchand has died during the pendency of the present matter. The death of the applicant no.1-Mamchand is not disputed.

Both, the present applicants and the respondent no.2 submitted that there were private disputes between them and they have resolved their disputes. After resolving their disputes, they have filed a Joint Compounding Application (IA No. 3779 of 2022) along with affidavits with their free will and without any pressure.

The respondent no.2 further submitted that he does not want to proceed with the said criminal case.

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 fact 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.553 of 2017, “State vs. Mamchand & Others”, pending before the Court of Ist Judicial Magistrate, Roorkee, District Haridwar, are quashed.

Resultantly, the entire proceedings of Criminal Case No.553 of 2017, “State vs. Mamchand & Others”, pending before the Court of Ist Judicial Magistrate, Roorkee, District Haridwar, are, hereby quashed.

The Criminal Misc. Application (No.1220 of 2017), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.