High CourtsSingle Bench(2011) 08 UK CK 0181

Mohan Singh, Chajju Singh, Jasvinder Singh and Sarjeet Singh vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 24 August 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 761 of 2011

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 318 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Sessions Trial No. 47 of 2006, State v. Mohan Singh and others, relating to offences punishable u/s 323, 504, 506 and 324 I.P.C., pending in the court of Additional Sessions Judge/Ist Fast Track Court, Nainital.

3.

Learned Counsel for the Petitioners, and learned Counsel for the Respondent No. 2 to 5 stated that it is a case of MAARPEET between the members of two families who are related to each other. The incident is said to have been taken place on 18.07.2005. There are cross versions of the incident, and cross cases pending before the court below. It is further pointed out by learned Counsel for the parties, that since the parties are close relatives, and it is a case of simple MAARPEET they have entered into compromise. A copy of compromise is filed as Annexure-4 to the petition. Respondent No. 2 to 5 are present in person identified by their counsel. They verified the fact that they do not want to prosecute the present Petitioners after the compromise is entered between the parties.

4.

The offences punishable u/s 323, 504, 506 and 324 I.P.C., are compoundable u/s 320 of Code of Criminal Procedure.

5.

Having heard learned Counsel for the parties, and after going through the papers on record, including the compromise which is verified by the injured, and aggrieved persons before this Court, this Court is of the view this petition deserves to be allowed. The petition u/s 482 of Code of Criminal Procedure ., is allowed. The proceedings of Sessions Trial No. 47 of 2006, State v. Mohan Singh and others, relating to offences punishable u/s 323, 504, 506 and 324 I.P.C., pending in the court of Additional Sessions Judge/Ist Fast Track Court, Nainital, are hereby quashed.