Office Notes, reports, orders or COURT’S OR JUDGES’S ORDERS proceedings SL.

Date or directions No and Registrar’s order with Signatures IA No.5/2024 (Compounding Application)

In C482 No.1020 of 2021 Hon’ble Ashish Naithani, J.

Ms. Poonam Rauthan, learned counsel holding brief of Mr.

Rajat Mittal, learned counsel for the applicant.

2. Mr. B.C. Joshi, learned AGA, for the State of Uttarakhand. 3. Mr. Priyanshu Gairola, learned counsel for the respondent no.2.

4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet dated 08.04.2021 and the summoning order dated 12.07.2021 and the entire proceedings of Criminal Case No.3146 of 2021, “State Vs. Azad Ali”, under Section 354-A(1) (II) of IPC, pending in the court of learned Chief Judicial Magistrate Dehradun, District Dehradun.

5. Along with C482 application, a compounding application (IA No.05/2024) has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and respondent no.2.

6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them. The fact is also verified from the report of the District Legal Services Authority, Dehradun, that the parties have settled their dispute amicably.

7. Heard learned counsel for the parties and perused the material available on record.

8. In view of the principle of law laid down by Hon'ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.

9. 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.3146 of 2021, “State Vs. Azad Ali”, under Section 354-A(1) (II) of IPC, pending in the court of learned Chief Judicial Magistrate Dehradun, District Dehradun, are hereby quashed.

10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.3146 of 2021, “State Vs. Azad Ali”, under Section 354-A(1) (II) of IPC, pending in the court of learned Chief Judicial Magistrate Dehradun, District Dehradun, are hereby quashed

11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.

(Ashish Naithani, J)

01.04.2025 NR/