IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

24^TH JUNE, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO. 1764 of 2016

Between:

Kishan Kumar alias Pappu and Another …..Applicants

and

State of Uttarakhand and Another ..…Respondents

Counsel for the Applicants

: Mr. M.K. Ray.

Counsel for the Respondent :

Mr. Vinay Singh

Nos.2/Informant/Victim

Chauhan.

Hon’ble 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 Complaint Case No.85 of 2013, “Chhatrapal

vs. Kishan Kumar alias Pappu and Another”, pending

before the court of Judicial Magistrate, Udham Singh

Nagar.

2.

In the said compliant case, after enquiry, the

learned trial court passed the summoning order under

Sections 323, 504 and 506 of IPC against the applicants-

accused persons.

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3.

Heard Mr. M.K. Ray, the learned counsel for the

applicants and Mr. Vinay Singh Chauhan, the learned

counsel for the private respondent no.2.

4.

The applicant-accused persons, namely, Kishan

Kumar alias Pappu and Shaym Kumar alias Ghanshyam

are present in-person before this Court and they are

identified by Mr. M.K. Ray, Advocate.

5.

The respondent no.2- Chhatrapal, complainant,

and his wife Gyanu Devi, victim, are present in-person

before this Court and they are identified by Mr. Vinay

Singh Chauhan, Advocate.

6.

The applicants, the respondent no.2 and the

victim submitted that they have resolved their private

disputes and after resolving their disputes, they have filed

a joint compounding application along with affidavits with

their free will and without any pressure.

7.

The respondent no.2 and the victim further

submitted that they do not want to proceed with the said

complaint case.

8.

Keeping in view of the totality of the facts and

circumstances of the case, this Court is of the view that

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ends of justice would be met, if the entire proceedings of

Complaint Case No.85 of 2013, “Chhatrapal vs. Kishan

Kumar alias Pappu and Another”, pending before the court

of Judicial Magistrate, Udham Singh Nagar, are quashed.

9.

Resultantly, the entire proceedings of Complaint

Case No.85 of 2013, “Chhatrapal vs. Kishan Kumar alias

Pappu and Another”, pending before the court of Judicial

Magistrate, Udham Singh Nagar, are quashed.

10.

The Criminal Miscellaneous Application No.1764

of 2016, filed under Section 482 of the Code of Criminal

Procedure, is disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dated: 24.06.2022

Neha