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Judgment
7 paragraphs · 325 wordsVivek Bharti Sharma, J
Learned counsel for the petitioner/accused would submit that this is the petition filed by the petitioner/accused to quash/set aside the charge sheet dated 10.03.2022, summoning order dated 02.06.2022 as well as entire proceedings of Criminal Case No. 3947 of 2022, “State vs. Ripin Aggarwal” under Sections 323, 427, 504 & 506 of IPC arising out of the Case Crime No.236 of 2021, P.S. Dalanwala, District Dehradun, pending before the Court of Chief Judicial Magistrate, Dehradun.
Learned counsel for the petitioner/accused would submit that the proceedings of the trial was stayed by a Coordinate Bench of this Court, vide order dated 04.09.2024; that, during the pendency of present petition, the petitioner/accused and the respondent no.2/victim have amicably settled the dispute and have entered into a compromise and now the respondent no.2/victim does not want to prosecute the petitioner in the present case.
Parties are present in the Court today through V.C. duly identified by their respective counsel. Parties have also filed their respective affidavits stating the above fact of compromise between them.
Hon’ble Supreme Court, in a catena of its judgments, has observed that in cases where because of the compromise arrived at between the parties possibility of conviction is remote and bleak, the High Court may quash the criminal proceedings as continuation of the same would cause great prejudice and injustice to the accused.
In view of the above, Compounding Application IA No.1 of 2024 is allowed. As a consequence thereof, the charge sheet dated 10.03.2022, summoning order dated 02.06.2022 as well as entire proceedings of Criminal Case No. 3947 of 2022, “State vs. Ripin Aggarwal” under Sections 323, 427, 504 & 506 of IPC arising out of the Case Crime No.236 of 2021, P.S. Dalanwala, District Dehradun, pending before the Court of Chief Judicial Magistrate, Dehradun are hereby quashed.
Present petition is, thus, disposed of in terms of compromise arrived at between the parties.