Sajid And Others vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The applicants-accused persons have invoked the inherent jurisdiction of this High Court under Section 482 of the Code of Criminal Procedure to quash the impugned charge-sheet dated 08.03.2022, cognizance/ summoning order dated 18.05.2022 and the entire proceedings of Special Sessions Trial No.346 of 2022, “State Vs. Sajid & Others, pending before the Special Sessions Judge, Udham Singh Nagar.

After completion the investigation, charge-sheet was filed. The learned trial court took cognizance and passed the impugned summoning order against the applicants for the offence under Sections 323, 325, 504, 506 of IPC and Section 3(i)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Heard Mr. D.C.S. Rawat, the learned counsel for the applicants, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. Maneesh Bisht, the learned counsel for the private respondent nos.3 & 4.

The respondent no.3 Ram Chandar, the informant/victim and the respondent no.4 Rajesh Dewakar, victim are present in-person before this Court and they are identified by Mr. Maneesh Bisht, Advocate.

All the three applicants, namely, Sajid, Majid and Faizaan are present in-person before this Court and they are identified by Mr. D.C.S. Rawat, Advocate.

The applicants, the respondent no.3 and the respondent no.4 submitted that they have resolved their disputes and after resolving their disputes, they have filed a Joint Compounding Application along with affidavits with their free will and without any pressure.

The respondent no.3 and the respondent no.4 further submitted that they do not want to proceed with the said criminal case.

The learned counsel appearing 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 impugned charge-sheet dated 08.03.2022, cognizance/ summoning order dated 18.05.2022 and the entire proceedings of Special Sessions Trial No.346 of 2022, “State Vs. Sajid & Others, pending before the Special Sessions Judge, Udham Singh Nagar, are quashed.

Resultantly, the impugned charge-sheet dated 08.03.2022, cognizance/ summoning order dated 18.05.2022 and the entire proceedings of Special Sessions Trial No.346 of 2022, “State Vs. Sajid & Others, pending before the Special Sessions Judge, Udham Singh Nagar, are hereby quashed.

The Criminal Miscellaneous Application No.829 of 2022, filed under Section 482 of the Code of Criminal Procedure, stands disposed of accordingly.