Sunita And Others vs State Of Uttarakhand And Another

Pankaj Purohit, J

Present C528 application has been filed by the applicants for quashing the entire proceedings of Charge Sheet No.236 of 2019 dated 04.09.2019 as well as the cognizance order dated 24.10.2019, passed by the Court of learned Chief Judicial Magistrate, Dehradun in Crl. Case No.5667 of 2019 (S.T. No.180 of 2019), State v. Jogendra & others, in FIR No.0241 of 2019 dated 26.06.2019 under Sections 323 and 506 IPC, registered at Police Station Sahaspur, District Dehradun.

Today both the parties are present before this Court, who are duly identified by their respective Counsels.

Along with C528 application, a Compounding Application (IA No.1 of 2024) has been filed by the parties, duly supported by their respective affidavits.

While interacting with both the parties, it is admitted to them that they have entered into compromise and since they are next door neighbours they want to live peacefully, therefore, they have settled their dispute.

It is submitted by learned counsel for the parties that in term of compromise entered into between the parties entire proceedings of Charge Sheet No.236 of 2019 dated 04.09.2019 as well as the cognizance order dated 24.10.2019, passed by the Court of learned Chief Judicial Magistrate, Dehradun in Crl. Case No.5667 of 2019 (S.T. No.180 of 2019), State v. Jogendra & others, in FIR No.0241 of 2019 dated 26.06.2019 under Sections 323 and 506 IPC, registered at Police Station Sahaspur, District Dehradun shall be quashed.

Having considered the rival submission of the parties and affidavit(s) filed in support of compounding application, this Court is of the view that when the parties do not want to pursue the matter and want to settle their dispute, it will be a futile exercise to tell them to face the trial which would ultimately result into acquittal of the applicant.

In this view of the matter, Compounding Application is allowed. As a result, entire proceedings arising out of Charge Sheet No.236 of 2019 dated 04.09.2019 as well as the cognizance order dated 24.10.2019, passed by the Court of learned Chief Judicial Magistrate, Dehradun in Crl. Case No.5667 of 2019 (S.T. No.180 of 2019) and the entire proceedings of Criminal Case No.5667 of 2019 (S.T. No.180 of 2019), State v. Jogendra & others, and FIR No.0241 of 2019 dated 26.06.2019 under Sections 323 and 506 IPC, registered at Police Station Sahaspur, District Dehradun are hereby quashed.

C528 application stands disposed of accordingly.