Shakil And Others vs State Of Uttarakhand And Another

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, 1973, to quash the impugned charge-sheet dated 31.05.2021 and the entire proceedings of the Criminal Case No.5625 of 2021, “State of Uttarakhand vs. Shakil and Others”, pending before the court of Ist Judicial Magistrate, Udham Singh Nagar at Rudrapur.

After completion of the investigation, charge-sheet was filed. The learned trial court took the cognizance and passed the summoning order dated 18.11.2021 against the applicants for the offence under Sections 384 and 417 of IPC.

Heard Mr. Mani Kumar, the learned counsel for the applicants, Mr. Subhash Tyagi Bhardwaj, the learned Deputy Advocate General for the State/respondent no.1 and Mr. Kishore Rai, the learned counsel for the respondent no.2/informant/victim.

The respondent no.2-Asif and all the applicants, namely, Shakil, Shahid Ali and Mohd. Rafeek are present in-person before this Court. The respondent no.2 is identified by Mr. Kishore Rai, Advocate and all the applicants are identified by Mr. Mani Kumar, Advocate.

Both, the applicants and the respondent no.2 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.2 further submitted that he does not want to proceed with the aforesaid 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 impugned charge-sheet dated 31.05.2021 and the entire proceedings of the Criminal Case No.5625 of 2021, “State of Uttarakhand vs. Shakil and Others”, pending before the Ist Judicial Magistrate, Udham Singh Nagar at Rudrapur, are quashed.

Resultantly, the impugned charge-sheet dated 31.05.2021 and the entire proceedings of the Criminal Case No.5625 of 2021, “State of Uttarakhand vs. Shakil and Others”, pending before the Ist Judicial Magistrate, Udham Singh Nagar at Rudrapur, are quashed.

The Criminal Miscellaneous Application No.847 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.