IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

20^TH JUNE, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO. 825 of 2022

Between:

Aasif

……..Applicant

and

State of Uttarakhand and Another …Respondents

Counsel for the Applicant

: Mr. Shubhr Rastogi.

Counsel for the State/

:

Mr. Pratiroop Pandey,

Respondent No.1

learned A.G.A. with

Mr. Pramod Tiwari,

Brief Holder for the

State.

Counsel for the Respondent :

Mr. D.P. Mittal.

No.2.

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 Criminal Case No.654 of 2020, “State of

Uttarakhand vs. Aasif”, pending before the court of Chief

Judicial Magistrate, Haridwar.

2.

After completion of investigation, the charge-

sheet was filed. The learned trial court took cognizance

and passed the summoning order dated 10.01.2020

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against the present applicant for the offence under

Sections 323, 354 & 452 of IPC.

3.

Heard Mr. Shubhr Rastogi, the learned counsel

for the applicant, Mr. Pratiroop Pandey, the learned A.G.A.

with Mr. Pramod Tiwari, the lerned Brief Holder for the

State and Mr. D.P. Mittal, the learned counsel for the

private respondent no.2.

4.

The applicant-accused Aasif is present in-person

before this Court and he is identified by Mr. Shubhr

Rastogi, Advocate. The respondent no.2- Smt. Aarti Devi,

is present in-person before this Court and she is identified

by Mr. D.P. Mittal, Advocate.

5.

According to the parties, the informant of this

matter Roop Chandra Sharma had died on 24.02.2021.

The death certificate, issued by the Registrar (Birth and

Death), Nagar Nigam, Haridwar (annexure no.1 to the

compounding application) has been filed. The applicant

and the respondent no.2 submitted that there were private

disputes between the parties and they have resolved their

disputes. After resolving their disputes, they have filed a

joint compounding application along with affidavits with

their free will and without any pressure. The respondent

no.2-Smt. Aarti Devi submitted that she does not want to

proceed with the aforesaid criminal case.

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6.

Mr. Pratiroop Pandey, the learned counsel for

the State submitted that there were private disputes

between the parties and they have resolved their disputes.

Therefore, the State has no objection.

7.

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.654 of 2020, “State of Uttarakhand vs.

Aasif”, pending before the court of Chief Judicial

Magistrate, Haridwar, are quashed.

8.

Resultantly, the entire proceedings of Criminal

Case No.654 of 2020, “State of Uttarakhand vs. Aasif”,

pending before the court of Chief Judicial Magistrate,

Haridwar, are quashed.

9.

The Criminal Miscellaneous Application No.825 of

2022, filed under Section 482 of the Code of Criminal

Procedure, is disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dated: 20.06.2022

JKJ/Neha