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2018 DIGILAW 123 (UTT)

Haridas Mandal v. State of Uttarakhand

2018-03-20

V.K.BIST

body2018
JUDGMENT : V.K. BIST, J. 1. Heard learned counsel for the parties. 2. The criminal misc. application has been filed by the applicants for quashing the charge sheet dated 29.03.2017 and entire proceedings of Criminal Case No. 4744 of 2017, “State v. Haridas Mandal and others”, under Sections 147, 148, 323, 506, 452 of I.P.C., registered at P.S. Transit Camp, District Udham Singh Nagar pending before Court of 1st Additional Civil Judge (Senior Division)/ Judicial Magistrate, Udham Singh Nagar. Along with the application, joint compounding application has also been filed. In support of compounding application, affidavits have been filed by applicant no. 1 (Haridas Mandal) and respondent no. 2 (Sapan Ojha). It is stated in the affidavit that the parties have settled their dispute amicably and there is no grievance of respondent no. 2 against the applicants any more. It is stated that the respondent no. 2 does not want to prosecute the applicants. 3. Parties are present in the Court today and they are duly identified by their respective counsel. They stated that they have settled the dispute amicably. 4. It is prayed that the offences punishable under Sections 147, 148, 323, 506, 452 I.P.C., registered at P.S. Transit Camp, District Udham Singh Nagar may be compounded and the proceedings of Criminal Case No. 4744 of 2017, “State v. Haridas Mandal and others”, under Sections 147, 148, 323, 506, 452 I.P.C., registered at P.S. Transit Camp, District Udham Singh Nagar pending before the 1st Additional Civil Judge (Senior Division)/ Judicial Magistrate, Udham Singh Nagar may be quashed. 5. 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. 6. Having considered submission of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed. 7. Accordingly, the criminal misc. application is allowed. 6. Having considered submission of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed. 7. Accordingly, the criminal misc. application is allowed. Proceedings of Criminal Case No. 4744 of 2017, “State v. Haridas Mandal and others”, under Sections 147, 148, 323, 506, 452 I.P.C., registered at P.S. Transit Camp, District Udham Singh Nagar pending before Court of 1st Additional Civil Judge (Senior Division)/ Judicial Magistrate, Udham Singh Nagar, is hereby quashed. 8. Compounding application is, accordingly, disposed of.