High CourtsSingle Bench

Vinay And Others vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 3 March 2020 · Citation: (2020) 03 UK CK 0005

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 323, 324, 354, 452, 504
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 378 Of 2020
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Judgment

23 paragraphs · 400 words

Alok Kumar Verma, J

1.

This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicants-accused persons to quash and set aside

the charge-sheet No. 70 of 2017 along with cognizance order dated 26.06.2018 passed by the learned Judicial Magistrate/First Additional Civil Judge

(Junior Division), Roorkee, District Haridwar in Criminal Case No. 343 of 2018 “State Vs. Vinay and othersâ€, pending in the court of the learned

Judicial Magistrate/First Additional Civil Judge (Junior Division), Roorkee, District Haridwar.

2.

Heard learned counsel for the parties, and perused the records.

3.

The trial court took the cognizance of offences punishable under Sections 323, 324, 504 of the I.P.C. against the applicant no. 2, cognizance was

taken of the offences punishable under Sections 354 and 452 of the I.P.C. against the applicant no. 1 and cognizance was taken of the offences

punishable under Sections 323 and 504 of the I.P.C. against the applicant no. 3.

4.

The learned counsel for both the parties submit that the parties have settled their dispute amicably and reached to compromise pursuant to which

the private respondents are agree to compound the offences as alleged against the applicants-accused persons.

5.

Parties, including injured persons and daughter of the informant, are present in person, duly identified by their learned counsel. Both the parties

reached to an amicable settlement. The affidavits to this effect have also been filed.

6.

The learned AGA appearing for the State of Uttarakhand submits that the State has no objection against the submissions of the applicant and

respondent No.2.

7.

Keeping in view the totality of facts and circumstances, this Court is of the view that ends of justice would be met if, the charge-sheet no. 70 of

2017 and summoning order dated 26.06.2018 with entire proceedings of Criminal Case No.343 of 2018, State Vs. Vinay and others, under Sections

323, 324, 354, 452 and 504 of the I.P.C., pending before the learned Judicial Magistrate/First Additional Civil Judge (Junior Division), Roorkee, District

Haridwar are quashed.

8.

Resultantly, the charge-sheet no. 70 of 2017 and summoning order dated 26.06.2018 with entire proceedings of Criminal Case No.343 of 2018,

State Vs. Vinay and others, under Sections 323, 324, 354, 452 and 504 of the I.P.C., pending before the learned Judicial Magistrate/First Additional

Civil Judge (Junior Division), Roorkee, District Haridwar are quashed.

9.

This Criminal Misc. Application is disposed of accordingly.