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2022 Supreme(UK) 423
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Vijay Kumar And Four Others - Appellant
Versus
State of Uttarakhand And Four Others - Respondent
Criminal Miscellaneous Application No. 2306 of 2022
Decided On : 22-12-2022
Vikas Kumar Guglani, Advocate, T.C. Agarwal, Advocate, B.S. Koranga, Advocate
Private disputes resolution and filing of Compounding Application can be considered for quashing criminal proceedings under Section 482 of the Code of Criminal Procedure.
Headnote:
Section 482 - Quashing of Criminal Proceedings - Private Disputes Resolution
Fact of the Case:
The accused persons sought to quash the charge-sheet and summoning order for offences under the Indian Penal Code. Both the accused and the victims had resolved their private disputes and filed a joint Compounding Application.
Finding of the Court:
The Court, considering the resolution of private disputes and the joint Compounding Application, quashed the charge-sheet, summoning order, and the entire proceedings of the criminal case.
Issues: Resolution of private disputes, Compounding Application, Quashing of criminal proceedings
Ratio Decidendi: The Court found that since the private disputes were resolved and a Compounding Application was filed, the ends of justice would be met by quashing the criminal proceedings.
Final Decision: The impugned charge-sheet, summoning order, and the entire proceedings of the criminal case were quashed, and the application under Section 482 of the Code of Criminal Procedure was disposed of accordingly.
JUDGMENT
Alok Kumar Verma, J. - The applicants - accused persons, namely, Vijay Kumar, Smt. Vimal, Sarita, Sonam and Rubi have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet, cognizance/ summoning order dated 19.02.2021 and the entire proceedings of Criminal Case No.1359 of 2021, 'State of Uttarakhand vs. Vimla Devi and Others', pending before the court of Additional Chief Judicial Magistrate/ IVth Additional Senior Civil Judge, Udham Singh Nagar.
2. Subsequent to submission of the charge-sheet, learned Trial Court took the cognizance and passed the impugned summoning order against the applicants - accused persons for the offence under Sections 147, 148, 149, 324, 504 and 506 of the Indian Penal Code, 1860.
3. Heard Mr. Vikas Kumar Guglani, learned counsel for the applicants - accused persons, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. B.S. Koranga, learned counsel for the private respondent nos.2 to 5/victims.
4. All the applicants - accused persons are present in-person with their learned counsel.
5. Respondent no.2 Smt. Lakshmi Devi, informant/victim, respondent no.3 Vivek Kumar, respondent no.4 Rekha Sagar and respondent no.5 Kiran, all victims, are present in-person with their learned counsel.
6. The applicants are identified by Mr. Vikas Kumar Guglani, Advocate, and, the said private respondents are identified by Mr. B.S. Koranga, Advocate.
7. Both, the applicants and the private respondents submitted that there were private disputes amongst them and they have resolved their disputes and after resolving their disputes they have filed a joint Compounding Application (IA No.01 of 2022) along with their affidavits with their free will and without any pressure.
8. Learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes.
9. Keeping in view of the totality of the fact and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned charge-sheet, cognizance/ summoning order dated 19.02.2021 and the entire proceedings of Criminal Case No.1359 of 2021, 'State of Uttarakhand vs. Vimla Devi and Others', pending before the court of Additional Chief Judicial Magistrate/ IVth Additional Senior Civil Judge, Udham Singh Nagar, are quashed.
10. Resultantly, the impugned charge-sheet, cognizance/ summoning order dated 19.02.2021 and the entire proceedings of Criminal Case No.1359 of 2021, 'State of Uttarakhand vs. Vimla Devi and Others', pending before the court of Additional Chief Judicial Magistrate/ IVth Additional Senior Civil Judge, Udham Singh Nagar, are quashed.
11. The Criminal Misc. Application (No.2306 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.
