Shashank Priyank Kumar vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.1814 of 2017, “State vs. Shashank Priyank Kumar”, pending before the court of Chief Judicial Magistrate, Haridwar for the offence under Section 420 and Section 201 of IPC.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order under Section 420 and Section 201 of IPC against the present applicant – accused.

Heard Mr. Shariq Khurshid, learned counsel for the applicant, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Gaurav Singh, learned counsel for the respondent no.2/informant/victim.

Shashank Priyank Kumar, the applicant – accused, is present in-person and he is identified by Mr. Shariq Khurshid, Advocate.

The respondent no.2 – Amit Kumar Chauhan, informant/victim, is present in-person and he is identified by Mr. Gaurav Singh, Advocate.

Both, the applicant and the respondent no.2 submitted that there were private disputes between them regarding the cheque amount and the said dispute has been resolved by them, and, after resolving the said disputes, they have filed a joint compounding application with their free will and without any pressure. They further submitted that they are living peacefully and happily.

The respondent no.2 – Amit Kumar Chauhan further submitted that he has filed his affidavit with his free will and without any pressure and he does not want to proceed with the said criminal case against the applicant.

The learned counsel appearing for the State submitted that there were private disputes between the parties.

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.1814 of 2017, “State vs. Shashank Priyank Kumar”, pending before the court of Chief Judicial Magistrate, Haridwar for the offence under Section 420 and Section 201 of IPC, are quashed.

Resultantly, the entire proceedings of Criminal Case No.1814 of 2017, “State vs. Shashank Priyank Kumar”, pending before the court of Chief Judicial Magistrate, Haridwar for the offence under Section 420 and Section 201 of IPC, are quashed.

The Criminal Miscellaneous Application No.1153 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.