High CourtsSingle Bench

Saurabh vs State Of Uttarakhand And Another

Uttarakhand High Court · Decided on 7 February 2023 · Citation: (2023) 02 UK CK 0028

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 406, 411
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 187 Of 2023
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Judgment

10 paragraphs · 337 words

Alok Kumar Verma, J

1.

This is an Application under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No.3781 of 2020, pending before the Court of Chief Judicial Magistrate, District Dehradun under Sections 406 and 411 of the Indian Penal Code, 1860.

2.

Heard Mr. Prem Kaushal, learned counsel for the applicant, Mr. Lalit Miglani, learned A.G.A for the State and Mr. Mahesh Chandra, learned counsel for the respondent no. 2-informant/victim.

3.

The applicant, namely, Saurabh, is present in-person before this Court and he is identified by Mr. Prem Kaushal, Advocate.

4.

Shweta Suman, the respondent no.2, the informant/victim, are present in-person before this Court and she is indentified by Mr. Mahesh Chandra, Advocate.

5.

Respondent no. 2 submitted that the applicant is her husband. The applicant and respondent no.2 submitted that there were private disputes between them and they have resolved their disputes, and, after resolving their disputes, they have filed a joint compounding application alongwith their affidavits with their free will and without any pressure. The respondent no.2 further submitted that she does not want to pursue the said criminal case.

6.

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.

7.

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.3781 of 2020, pending before the Court of Chief Judicial Magistrate, District Dehradun under Sections 406 and 411 of the Indian Penal Code, 1860, are quashed.

8.

Resultantly, the entire proceedings of Criminal Case No.3781 of 2020, pending before the Court of Chief Judicial Magistrate, District Dehradun under Sections 406 and 411 of the Indian Penal Code, 1860, are quashed.

9.

The Criminal Miscellaneous Application No.187 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.