IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

13^th July, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO. 1164 of 2022

Between:

Bhajan Singh

…Applicant

and

State of Uttarakhand and Another. …Respondents

Counsel for the Applicant

:

Mr. Mani Kumar, learned

counsel.

Counsel for the Respondent : Mr. S.S. Adhikari , learned

No. 1

Deputy Advocate

General for the State.

Counsel for the Respondent : Mr. Kishore Rai, learned

No. 2.

counsel.

Hon’ble Alok Kumar Verma,J.

The present application has been filed under

Section 482 of the Code of Criminal Procedure, 1973 to

quash the entire proceedings of Criminal Case No. 4969 of

2022, “State of Uttarakhand vs. Bhajan Singh”, pending

before the Court of Additional Chief Judicial Magistrate/1^st

Additional Civil Judge (Senior Division), Udham Singh Nagar.

2.

After completion of the investigation, the charge-

sheet was filed. The trial court took the cognizance and

passed the summoning order under Sections 384 and 506

I.P.C. against the applicant – accused.

2

3.

Heard Mr. Mani Kumar, the learned counsel for the

applicant, Mr. S.S. Adhikari, the learned Deputy Advocate

General for the State and Mr. Kishore Rai, the learned

counsel for the private respondent no.2.

4.

According to the prosecution, on 17.09.2021 at

around 13 hours, the present applicant-accused had

threatened to kill Pushkar Raj Jain, the informant/victim

while demanding thirty lakhs from him.

5.

Mr. Bhajan Singh, the applicant- accused is

present in-person before this Court and he is identified by

Mr. Mani Kumar, Advocate.

6.

The respondent no. 2- Pushkar Raj Jain, the

informant/victim, is present in-person before this Court and

he is identified by Mr. Kishore Rai, Advocate.

7.

Both, the applicant and the respondent no. 2

submitted that there were private disputes between them

and they have resolved their disputes and after resolving

their disputes, they are living peacefully. They further

submitted that they have filed a joint compounding

application along with their affidavits.

8.

The respondent no. 2 further submitted that he

has filed his affidavit with his free will and without any

pressure and he does not want to proceed with the said

criminal case against the applicant.

3

9.

The learned counsel for the State submitted that

there were private disputes between the parties.

10.

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. 4969 of 2022, “State of Uttarakhand vs. Bhajan

Singh”, pending before the Court of Additional Chief Judicial

Magistrate/1^st Additional Civil Judge (Senior Division),

Udham Singh Nagar, are quashed.

11.

Resultantly, the entire proceedings of Criminal

Case No. 4969 of 2022, “State of Uttarakhand vs. Bhajan

Singh”, pending before the Court of Additional Chief Judicial

Magistrate/1^st Additional Civil Judge (Senior Division),

Udham Singh Nagar, are quashed.

12.

The Criminal Miscellaneous Application (No. 1164 of

2022), filed under Section 482 of the Code of Criminal

Procedure, is disposed of accordingly.

___________________

ALOK KUMAR VERMA, J.

Dt: 13^th July, 2022

SB