Vimal Singh Bisht vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No. 972 of 2021, “State vs. Vimal Singh Bisht”, pending before the court of Chief Judicial Magistrate, Nainital.

Subsequent to the submission of the charge-sheet, the learned trial court took the cognizance and passed the summoning order under Sections 279 and 338 of IPC against the present applicant-accused.

Heard Ms. Snigdha Tiwari, the learned counsel for the applicant, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. Abhijay Negi, the learned counsel for the private respondent nos. 2 & 3.

The applicant, namely, Vimal Singh Bisht, is present in-person before this Court and he is identified by Ms. Snigdha Tiwari, Advocate.

The respondent no.2, namely, Mayank Mewadi, informant/injured and the respondent no. 3, namely, Akshay Kumar, injured, are present in-person before this Court and they are identified by Mr. Abhijay Negi, Advocate.

The applicant and the private respondent nos. 2 & 3 submitted that there were private disputes between them and they have resolved their disputes and after resolving their private disputes, they have filed a joint Compounding Application (IA No. 01 of 2022) along with their affidavits.

The respondent nos. 2 & 3 further submitted that they have filed their affidavits with their free will and without any pressure and they do not want to proceed with the said criminal case against the present applicant.

The 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.

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. 972 of 2021, “State vs. Vimal Singh Bisht”, pending before the court of Chief Judicial Magistrate, Nainital, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 972 of 2021, “State vs. Vimal Singh Bisht”, pending before the court of Chief Judicial Magistrate, Nainital, are quashed.

The Criminal Miscellaneous Application (No.1080 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.