Rupesh Kumar 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/ cognizance order dated 02.12.2023 passed by the learned Chief Judicial Magistrate, Haridwar in Criminal Case No.24830 of 2023 State Vs. Rupesh and Others, under Sections 420, 467, 468 and 471 IPC along with charge-sheet dated 30.11.2023 filed pursuant to the FIR No.597 of 2023 registered at P.S. Kotwali Jawalapur, District Haridwar as well as the entire proceedings of the aforesaid criminal case.

Along with the present C528 application, a joint compounding application (IA/1/2025) is filed duly supported by separate affidavits by applicant and respondent No.2-complainant.

In the compounding application, it has been stated by the parties that they have entered into a settlement and the respondent No.2-complainant doesn’t want to pursue with the case anymore.

Applicant-Rupesh Kumar and respondent No.2-Usha Kaushik are present before this Court, who are duly identified by their respective counsels. On interaction, respondent No.2-complainant categorically stated that she wants to end the matter considering the age of the applicant and the future of the applicant and his family.

Learned counsel for the applicant submits that the dispute is civil in nature and the applicant has handed over the possession of the plot of respondent No.2 to her and has settled the dispute outside the Court. He further submits that now, the matter is amicably settled between the parties, therefore, it would be futile exercise to keep the matter pending.

Learned State Counsel, per contra, expressed certain reservation in view of the Sections 467, 468 and 471 of IPC against the applicant.

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/1/2025) is allowed. The entire proceedings of Criminal Case No.24830 of 2023 State Vs. Rupesh and Others, pending in the Court of learned Chief Judicial Magistrate, Haridwar, is hereby quashed. Resultantly, the charge-sheet dated 30.11.2023 filed pursuant to the FIR No.597 of 2023 registered at P.S. Kotwali Jawalapur, District Haridwar, stands quashed.

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