Unknown vs Suraj Singh Pundir" (Arising Out on 20 May, 2022

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Uttarakhand High Court

Unknown vs Suraj Singh Pundir" (Arising Out on 20 May, 2022

Bench: Alok Kumar Verma

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                      20TH MAY, 2022

CRIMINAL MISCELLANEOUS APPLICATION NO.723 of 2022

Between:

Suraj Singh Pundir                               ...Applicant

and

State of Uttarakhand and Others.              ...Respondents

                            WITH

CRIMINAL MISCELLANEOUS APPLICATION NO.724 of 2022


Between:

Kunwar Singh Pundir and two Others               ...Applicants

and

State of Uttarakhand and Others           ...Respondents


Counsel for the Applicant(s)   :   Mr. Nikhil Sabri.

Counsel for the State/         :   Mr. Lalit Miglani,
Respondent No.1                    learned A.G.A. for the
                                   State.

Counsel for the Informant/   :     Mr. Anoop Jaiswal.
Victim/Respondent Nos. 2 & 3

Hon'ble Alok Kumar Verma,J.

The applicant - accused Suraj Singh Pundir has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the charge-sheet, Cognizance/Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.75 of 2018, "State vs. Suraj Singh Pundir" (arising out 2 from the Case Crime No.411 of 2009, registered with Police Station Kotwali, Roorkee, District Haridwar).

2. All the three applicants-acsued persons, namely, Kunwar Singh Pundir, Smt. Asha Pundir & Deepak Singh Pundir have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the charge-sheet, Cognizance/Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.1432 of 2021, "State vs. Kunwar Singh Pundir and Others" (arising out from the Case Crime No.411 of 2009, registered with Police Station Kotwali, Roorkee, District Haridwar).

3. After completion of the investigation in the said Case Crime No.411 of 2009, the charge-sheet was filed.

4. Subsequent to the submission of the charge- sheet, the trial court took the cognizance and passed the summoning order against all the above mentioned applicants-accused persons, Suraj Singh Pundir, Kunwar Singh Pundir, Smt. Asha Pundir & Deepak Singh Pundir for the offence under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961. Along with the applicants, one more accused, namely Smt. Neelam was also summoned. All the proceedings qua Smt. Neelam were quashed in Criminal Misc. Application No.96 of 2011, passed by this Court on 24.02.2014.

5. The Criminal Case No.75 of 2018 and Criminal Case No.1432 of 2021, which arose from the Case Crime No.411 of 2009, are pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar.

6. The respondent no.2, Mr. Sarat Singh Rana, the informant, and, the respondent no.3, Ms. Bhawna Rana, the victim, are present in-person before this Court and they are identified by Mr. Anoop Jaiswal, Advocate.

7. All the four applicants are present in-person before this Court and they are identified by Mr. Nikhill Sabri, Advocate.

8. Heard Mr. Nikhil Sabri, the learned counsel for the applicants, Mr. Lalit Miglani, the learned A.G.A. for the State/respondent no.1 and Mr. Anoop Jaiswal, the learned counsel for the respondent nos.2 &3.

9. The respondent no.2, the respondent no.3 and all the applicants submitted that they have resolved their disputes and they have filed a joint Compounding Application along with their affidavits with their free will and without any pressure.

10. The respondent no.2, Mr. Sarat Singh Rana, the informant, and, the respondent no.3, Ms. Bhawna Rana, the victim, further submitted that they do not want to proceed with the said Criminal Cases.

11. The learned counsel appearing for the State has no objection.

12. 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 charge-sheet, Cognizance/ Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.75 of 2018, "State vs. Suraj Singh Pundir", qua the applicant, and, charge-sheet, Cognizance/Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.1432 of 2021, "State 4 vs. Kunwar Singh Pundir and Others", qua the applicants (both said criminal cases arose from the Case Crime No.411 of 2009, registered with Police Station Kotwali, Roorkee, District Haridwar for the offence under Sections 498A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961), pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are quashed.

13. Resultantly, charge-sheet, Cognizance/ Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.75 of 2018, "State vs. Suraj Singh Pundir", qua the applicant, and, charge-sheet, Cognizance/Summoning order dated 27.01.2010 and the entire proceedings of Criminal Case No.1432 of 2021, "State vs. Kunwar Singh Pundir and Others" qua the applicants (both said criminal cases arose from the Case Crime No.411 of 2009, registered with Police Station Kotwali, Roorkee, District Haridwar for the offence under Sections 498A, 323, 504, 506 of the IPC and Section 3/4 of the Dowry Prohibition Act, 1961), pending before the learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are quashed.

14. The Criminal Miscellaneous Application No.723 of 2022 and the Criminal Miscellaneous Application No.724 of 2022, filed under Section 482 of the Code of Criminal Procedure, are disposed of accordingly.

___________________ ALOK KUMAR VERMA, J.

Dt: 20.05.2022 JKJ/Neha

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