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Virendra Singh And Others vs State Of Uttarakhand And Anothter

Uttarakhand High Court · Decided on 24 September 2024 · Citation: (2024) 09 UK CK 0138

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Bhartiya Nagrik Suraksha Sanhita, 2023 — Section 528 · Indian Penal Code, 1860 — Section 147, 148, 323, 324, 325, 504, 506
RESULT
Allowed/ Disposed Of
CASE NUMBER
Criminal Miscellaneous Application No. 554 Of 2024, Compounding Application IA No. 1 Of 2024
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Judgment

8 paragraphs · 320 words

Ravindra Maithani, J

1.

The instant petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, has been preferred by the petitioners for quashing of the Chargesheet dated 26.07.2021 (Case Crime No.169 of 2021, under Sections 147, 148, 323, 324, 325, 504 and 506 IPC, Police Station Gadarpur, District Udham Singh Nagar), Summoning Order dated 21.12.2021, passed in Criminal Case No.6607 of 2021, State Vs. Virendra Singh and Others, by the court of Judicial Magistrate, I, Rudrapur, District Udham Singh Nagar (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

2.

Heard learned counsel for the parties and perused the record.

3.

Learned counsel for the petitioner would submit that the parties have amicably settled the dispute; it was a small dispute between the parties.

4.

The petitioner nos. 2, 3, 4, 5 as well as the respondent no.2 and the father of the respondent no.2, Harnam Singh, the injured, are present in person before the Court. The petitioner no.1, Virendra Singh, has joined the proceedings through video conferencing. He would submit that he has joined the proceedings from Lisbon, Portugal. Simrat Pal Singh, another injured, also joined the proceedings through video conferencing. He would submit that presently, he is in London, United Kingdom. They all are identified by their respective counsel. They have accepted the compromise.

5.

Having considered the nature of offence and all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

6.

Accordingly, the petition is allowed. The chargesheet dated 26.07.2021, Summoning Order dated 21.12.2021, as well as the entire proceedings of the case, are hereby quashed.

7.

Compounding Application No. 01 of 2024 stands disposed of, accordingly.