Rakesh And Another vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 1929 of 2022 (FIR No. 130 of 2021), “State vs. Rakesh and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar.

After completion of the investigation, the charge-sheet was filed. The learned Trial Court took cognizance and passed the summoning order against the applicants-accused persons for the offence under Sections 323, 452, 504 and 506 of the Indian Penal Code, 1860.

Heard Mr. Mohit Kumar, learned counsel for the applicants, Mr. Tumul Nainwal and Mr. Rohit Dhyani, learned Brief Holders for the State and Km. Meenu, learned counsel for the respondent nos. 2 & 3.

Both the applicants-accused persons, namely, Rakesh and Surendra Prasad, are present in-person before the Court and they are identified by Mr. Mohit Kumar, Advocate.

The respondent no. 2 -Jalaluddin Ansari, the informant/injured, the respondent no. 3-Anvas Ansari, injured and Smt. Chand Tara Khatun, injured, are present in-person before the Court and they are identified by Km. Meenu, Advocate.

The respondent no. 2, the respondent no. 3, the injured Smt. Chand Tara Khatun and both the applicants-accused persons submitted that there were private disputes between them and they have resolved their private disputes and after resolving their disputes, they have filed a compounding application along with their affidavits with their free will and without any pressure.

The respondent no. 2, the respondent no. 3 and Smt. Chand Tara Khatun, injured, further submitted that they do not want to proceed with the said criminal case.

The learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes, therefore, 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 entire proceedings of Criminal Case No. 1929 of 2022 (FIR No. 130 of 2021), “State vs. Rakesh and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 1929 of 2022 (FIR No. 130 of 2021), “State vs. Rakesh and Another”, pending before the Court of Chief Judicial Magistrate, Udham Singh Nagar, are quashed.

The Criminal Miscellaneous Application (No. 2102 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.