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Uttarakhand High Court · body

2018 DIGILAW 255 (UTT)

Bharat Singh Pundir v. State of Uttarakhand

2018-05-09

V.K.BIST

body2018
JUDGMENT : Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash the impugned charge sheet dated 19.08.2017 and summoning order dated 06.02.2018 and the entire proceedings of Criminal Case No.228 of 2018 (Case Crime No.323 of 2017) State vs. Bharat Singh Pundir & others under Section 417, 420 IPC, Kotwali Manglour District Haridwar pending in the Court of J.M. 1st Roorkee District Haridwar on the ground that the dispute has been amicably settled between the parties and the offence has been compounded. Along with the criminal misc. application, compounding application has been filed. In support of compounding application, compromise affidavits have been filed by the applicant-Bharat Singh Pundir and respondent no.2-Margoob. In the affidavit, it is stated by respondent no.2 that dispute between him and applicant has been settled and he has no grievance remain from applicant, as such the matter between respondent no.2 and the applicant has been settled amicably and the respondent no.2 does not wish to carry the criminal litigation against the applicant. 2. Learned counsel for the complainant submits that there was dispute between the parties due to which the FIR was lodged but allegations are not correct. 3. Learned Deputy Advocate General submitted that the offences are compoundable. 4. It is prayed that the entire proceedings of Criminal Case No.228 of 2018 (Case Crime No.323 of 2017) State vs. Bharat Singh Pundir & others pending in the court of J.M. 1st Roorkee District Haridwar may be quashed. 5. Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise. 6. 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 Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 7. Having considered submissions 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. 8. 7. Having considered submissions 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. 8. Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Criminal Case No.228 of 2018 (Case Crime No.323 of 2017) State vs. Bharat Singh Pundir & others pending in the court of J.M. 1st Roorkee District Haridwar, so far same relates to the applicant, are hereby quashed. 9. Compounding application is, accordingly, disposed of.