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2020 DIGILAW 136 (UTT)

Vijay Singh v. State Of Uttarakhand

2020-02-26

RAVINDRA MAITHANI

body2020
JUDGMENT Ravindra Maithani, J. - The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the charge-sheet dated 24.04.2016 as well as the entire proceedings of Criminal Case No. 3704 of 2017, State vs. Vishal and others, under Sections 406, 420, 467, 468, 471 IPC , pending in the Court of 3 rd Judicial Magistrate, Dehradun, on the basis of amicable settlement. 2. A compounding application has been filed by the parties, which is supported by the affidavits of the petitioner Vijay Singh and respondent Munendra Prasad Belwal. The petitioner is present in person before this Court, duly identified by his counsel Mr. Navjot Singh and respondent no.2/complaint Munendra Prasad Bailwal is also present in person before this Court, duly identified by his counsel Mr. Rashid Husain. Petitioners and respondent no.2 state before the Court that they have amicably settled the dispute. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the parties would urge that parties have amicably settled their dispute, therefore, if the criminal proceedings are allowed to continue, it would yield no result and they need to be quashed. 5. Having considered the fact that parties have amicably settled the dispute, in view of the principles laid down in the case of Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303 , this Court is of the view that the criminal proceedings arising out of F.I.R. in question deserves to be quashed and the petition deserves to be allowed. 6. Accordingly, the instant petition is allowed. The entire proceedings of the entire proceedings of the charge-sheet dated 24.04.2016, summoning order dated 26.07.2017 as well as the entire proceedings of Criminal Case No. 3704 of 2017, State vs. Vishal and others, under Sections 406, 420, 467, 468, 471 IPC, pending in the Court of 3 rd Judicial Magistrate, Dehradun, are hereby quashed qua the petitioner. 7. Compounding Application No. 617 of 2020 stands disposed of accordingly.