Manisha vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant - accused Smt. Manisha has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet dated 29.04.2020, filed in FIR No.0627 of 2019, registered with Police Station Rudrapur, District Udham Singh Nagar, cognizance and summoning order dated 27.02.2021 and the entire proceedings of Criminal Case No.1617 of 2021, "State vs. Manisha", pending before the court of learned Chief Judicial Magistrate, Udham Singh Nagar.

Subsequent to the submission of the charge-sheet, the learned Magistrate took the cognizance by the impugned cognizance order and summoning order was passed against the applicant - accused Manisha for the offence under Sections 452, 323, 504 and 506 of the IPC.

The applicant Smt. Manisha and the respondent no.2, Lata Bisht, are present in-person. They are identified by their respective counsels.

Heard Mr. M.K. Ray, the learned counsel for the applicant, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State/respondent no.1 and Mr. M.S. Bhandari, the learned counsel for the respondent no.2.

The applicant - accused Manisha, and, the respondent no.2, Lata Bisht, submitted that they have resolved their disputes. The respondent no.2, Lata Bisht further submitted that after resolving the disputes, she does not want to proceed with the criminal case. The applicant and the respondent no.2 further submitted that they have filed a joint Compounding Application (IA No.01 of 2021) along with their affidavits with 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 met, if the impugned FIR, charge-sheet, cognizance and summoning order along with the entire proceedings of the Criminal Case No.1617 of 2021, "State vs. Manisha", pending before the learned Chief Judicial Magistrate, Udham Singh Nagar, are quashed.

Resultantly, the First Information Report No.0627 of 2019, registered with the Police Station Rudrapur, District Udham Singh Nagar, the impugned charge-sheet dated 29.04.2020, cognizance and summoning order dated 27.02.2021 and the entire proceedings of the Criminal Case No.1617 of 2021, "State vs. Manisha", under Sections 452, 323, 504 and 506 of the IPC, are quashed.

The Criminal Miscellaneous Application No.1803 of 2021, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.