Uttarakhand High Court
Ramji vs State Of Uttarakhand And Another on 8 March, 2018
Author: V.K. Bist
Bench: V.K. Bist
C482 No. 377 of 2018 Hon'ble V.K. Bist, J.
Mr. D.N. Sharma, Advocate for the applicant.
Mr. S.S. Adhikari, Assistant Government Advocate with Mr. P.S. Uniyal, Brief Holder for the State of Uttarakhand.
Mr. Mohit Kumar Advocate for respondent no. 2.
Heard learned counsel for the parties.
This criminal misc. application has been filed by the applicant for quashing the entire proceedings of Criminal Case No. 1293 of 2012, relating to the offence punishable under Section 354 I.P.C., pending in the Court of IInd Additional Civil Judge (Junior Division)/ Judicial Magistrate, Udham Singh Nagar on the basis of compromise arrived between the parties. Along with joint compounding application (CRMA No.370 of 2018) has been filed. In support of compounding application, an affidavit has been filed by Mr. Ramji (applicant) and another by Mr. Netrapal (respondent no.2). It has been submitted that the applicant and the respondent no.2 have settled the dispute amicably and there is no grievance remained between each other anymore and they are prepared to compound the offences.
Applicant, respondent no.2 and the victim are present in the Court today and they are identified by their counsel.
In view of the principle of law laid down by Hon'ble 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.
Having considered submission of learned counsel for the parties, and after going through entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, this criminal misc. application deserves to be allowed.
Accordingly, the criminal misc. application is allowed. Proceedings of Criminal Case No.1293 of 2012, relating to the offence punishable under Section 354 I.P.C., pending in the Court of IInd Additional Civil Judge (Junior Division)/ Judicial Magistrate, Udham Singh Nagar, are hereby quashed.
Compounding application is, accordingly, disposed of.
(V.K. Bist, J.)
Arpan 08.03.2018