Shiv Kumar Sharma vs State Of Uttarakhand And Another

Pankaj Purohit, J

By means of the present C528 application, the applicant has put to challenge the Charge Sheet dated 20.04.2015 pursuant to the FIR No.01 of 2015 dated 06.01.2015, cognizance/summoning order dated 19.05.2015, passed in Criminal Case No.1735 of 2015 State Vs. Shiv Kumar Sharma, under Sections 323, 504 and 506 IPC, pending in the Court of learned Third Additional Civil Judge (Jr. Div.), Dehradun, as well as the entire proceedings of aforementioned 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.

In the compounding application, it has been stated by the parties that now both the parties have settled their dispute amicably and the respondent No.2 does not want to pursue with the case anymore.

Applicant-Shiv Kumar Sharma and respondent No.2-Jagjeet Singh are present before this Court, who are duly identified by their respective counsel. On interaction, respondent No.2 made a statement that the parties have settled their dispute amicably and the final outcome of trial could be expulsion/exoneration of the accused-applicant, therefore, there is no fruitful purpose to keep the trial pending. In view of the amicable settlement between the parties, respondent No.2 wants to end the matter with his free will and does not want to prosecute the applicant in the aforesaid matter any further.

Learned State Counsel submits that since all the offences are compoundable, therefore, he has no objection if the matter is compounded.

Since the parties have reached to the terms of the compromise, this Court is of the firm opinion that there would remain a remote or bleak possibility of conviction in this case. It can also safely be inferred that it would be unfair or contrary to the interest of justice to permit continuation of the criminal proceedings. Since the answer to the aforesaid points is in affirmative, this Court finds it a fit case to permit the parties to compound the matter.

Accordingly, compounding application (IA/1/ 2025) is allowed.

In view of the above, the present C528 application is allowed in terms of the compromise. The entire proceedings of Criminal Case No.1735 of 2015 State Vs. Shiv Kumar Sharma, under Sections 323, 504 and 506 IPC, pending in the Court of learned Third Additional Civil Judge (Jr. Div.), Dehradun, are hereby quashed. Resultantly, the Charge Sheet dated 20.04.2015 and FIR No.01 of 2015 dated 06.01.2015 registered with P.S. Vasant Vihar, District Dehradun, stand quashed qua the applicant herein.