Parikshit Saini vs State Of Uttarakhand And Another

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present C528 application, the applicant has put to challenge the summoning order dated 12.06.2024 passed by the learned

Additional Chief Judicial Magistrate, Vikasnagar, Dehradun in Criminal Case No.623 of 2024 State Vs. Parikshit Saini, under Sections 323, 504, 506

and 354 IPC along with charge-sheet dated 22.01.2023 filed pursuant to the FIR No.416 of 2022 lodged by the respondent No.2-informant on the

ground of compromise having been entered into between the parties as well as the entire proceedings of the aforesaid criminal case.

Along with the present C528 application, a joint compounding application (IA/1/2024) is filed duly supported by separate affidavits by applicant and

respondent No.2-informant.

In the compounding application, it has been stated by the parties that they have entered into a settlement and the respondent No.2-informant

doesn’t want to pursue with the case anymore.

Applicant-Parikshit Saini and respondent No.2-Shabnam are present through V.C., who are duly identified by their respective counsels. On

interaction, respondent No.2-informant categorically stated that she wants to end the matter and after intervention of elders in the locality, they have

decided to bring an end to hostilities between them and the matter is now amicably settled by them.

Learned State Counsel, per contra, expressed certain reservation in view of the Section 354 of IPC against the applicant-Parikshit Saini.

Having considered the submission made by the learned counsel for the parties and on perusal of the compounding application as well as the

documents available on record, this Court is of the view that if the parties do not wish to pursue with the criminal proceedings anymore and they have

settled their dispute amicably, it would not be useful for referring the applicant to Court to face the trial and it would amount to a futile exercise. In

view of the compromise arrived at between the parties, nothing remains to be decided in the present matter.

Accordingly, compounding application (IA/1/2024) is allowed. The entire proceedings of Criminal Case No.623 of 2024 State Vs. Parikshit Saini,

pending in the Court of learned Additional Chief Judicial Magistrate, Vikasnagar, Dehradun, is hereby quashed. Resultantly, the charge-sheet dated

22.01.2023 filed pursuant to the FIR No.416 of 2022 dated 18.10.2022 registered with Police Station Vikasnagar, Dehradun, stands quashed.

Accordingly, the present C528 application is disposed of in terms of the compromise.