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RAJKUMAR vs STATE OF UTTARAKHAND AND ANOTHER

Uttarakhand High Court · Decided on 11 April 2018 · Citation: (2018) 04 UK CK 0038

HON’BLE JUDGES
V.K. BIST, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 420, 467, 468, 471, 504, 506
RESULT
Disposed Off
CASE NUMBER
Compounding Application No. 442 of 2018 In Criminal Misc. Application No. 438 of 2018
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Judgment

24 paragraphs · 457 words
1.

Heard learned counsel for the parties.

2.

The criminal misc. application has been filed by the applicant for quashing the impugned charge sheet dated 30.10.2014, summoning order dated

27.11.2014 and entire proceedings of Criminal Revision No. 278 of 2017 (Case Crime No. 208 of 2014), “State v. Praveen and othersâ€, under

Sections 420, 467, 468, 471,120-B, 504, 506 of I.P.C., registered at Kotwali Gangnahar, District Haridwar pending before Court of 3rd Additional

District Judge, Haridwar. Along with the application, joint compounding application has also been filed. In support of compounding application,

affidavits have been filed by applicant (Rajkumar) and respondent no. 2 (Smt. Poonam). It is stated in the affidavit that the parties have settled their

dispute amicably and there is no grievance of respondent no. 2 against the applicant anymore. Â

3.

Earlier, on 15.03.2018, parties were present in the Court and they were duly identified by their respective counsel. On that day, they stated that they

have settled the dispute amicably and verified the contents of the compromise application.Â

4.

It is prayed that the offences punishable under Sections 420, 467, 468, 471,120-B, 504, 506 of I.P.C., registered at Kotwali Gangnahar, District

Haridwar may be compounded and the proceedings of Criminal Revision No. 278 of 2017 (Case Crime No. 208 of 2014), “State v. Praveen and

othersâ€, under Sections 420, 467, 468, 471,120-B, 504, 506 of I.P.C., registered at Kotwali Gangnahar, District Haridwar pending before Court of

3rd Additional District Judge, Haridwar may be quashed.  Â

5.

Learned State Counsel submitted that aforesaid sections are compoundable. Â

6.

In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC

303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal

proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested

to restore peace and harmony between them.

7.

Having considered submission of learned counsel for the parties, and after going through the     entire material available on record, I am

satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.

8.

Accordingly, the criminal misc. application is allowed. Proceedings of Criminal Revision No. 278 of 2017 (Case Crime No. 208 of 2014),

“State v. Praveen and othersâ€, under Sections 420, 467, 468, 471,120-B, 504, 506 of I.P.C., registered at Kotwali Gangnahar, District Haridwar

pending before Court of 3rd Additional District Judge, Haridwar, is hereby quashed qua the applicant.Â

9.

Compounding application is, accordingly, disposed of.