Mukesh And Others vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicants-accused persons have invoked the inherent jurisdiction of this High Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet dated 02.01.2020, cognizance/summoning order dated 21.01.2020 and the entire proceedings of Criminal Case No.616 of 2020, “State vs. Mukesh and Others”, pending before the Judicial Magistrate/First Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the impugned summoning order on 02.01.2020 under Sections 323, 452, 504 and 506 of IPC against the applicants-accused persons.

Heard Mr. R.P. Nautiyal, the learned Senior Advocate assisted by Ms. Garima Thapa, the learned counsel for the applicants, Mr. Lalit Miglani, the learned A.G.A. for the State/respondent no.1 and Mr. Pawan Kumar Nath, the learned counsel for the respondent no.2/informant/victim.

The respondent no.2, Mr. Vivek Kumar Chaubey, informant/victim is present in-person before the Court. He is identified by Mr. Pawan Kumar Nath, Advocate.

All the three applicants-accused, namely, Mukesh, Shivansh and Prayansh alias Satyam are present in-person before the Court and they are identified by Ms. Garima Thapa, Advocate.

The respondent no.2 and all the applicants submitted that they have resolved their disputes and they are living in peace and harmony. They further submitted that they have filed a joint compounding application along with affidavits with their free will and without any pressure.

Mr. Vivek Kumar Chaubey, the respondent no.2, further submitted that he does not want to proceed with the said criminal case.

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 be met, if the impugned charge-sheet dated 02.01.2020, cognizance/summoning order dated 21.01.2020 and the entire proceedings of Criminal Case No.616 of 2020, “State vs. Mukesh and Others”, pending before the Judicial Magistrate/First Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 02.01.2020, cognizance/summoning order dated 21.01.2020 and the entire proceedings of Criminal Case No.616 of 2020, “State vs. Mukesh and Others”, pending before the Judicial Magistrate/First Additional Civil Judge (Junior Division), Kashipur, District Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application No.691 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.