Uttarakhand High Court
C482/2410/2019 on 1 November, 2019
Author: N.S. Dhanik
Bench: N.S. Dhanik
C-482 No. 2410 of 2019 With Compounding Application No. 3354 of 2019 Hon'ble N.S. Dhanik, J.
Mr. Sanjay Kumar, Advocate holding brief of Ms. Divya Jain, Advocate for the applicants.
Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.
Mr. Pranav Singh, Advocate for the private respondents.
Heard learned counsel for the parties. This criminal misc. application has been filed by the applicant to quash the cognizance order dated 21.06.2019 for the offences punishable under Sections 147, 148, 149, 323, 427, 504 and 506 of I.P.C. issued by the Court of learned Additional Chief Judicial Magistrate, Roorkee/ Additional Civil Judge (S.D.), Roorkee District Haridwar in Case No. 1453 of 2019 registered at P.S. Gangnahar Roorkee, District Haridwar. Along with the petition, a joint compounding application (CRMA No. 3354 of 2019) has been filed. In support of compounding application, affidavits have been filed by Ashok (applicant no. 1), Dunger Singh (applicant no. 2), Rahul Chauhan (applicant no. 3), Gaurav Kaushik (applicant no. 4), Satish Kaushik (Applicant no.
5) & Suraj Negi (applicant no. 6) and by Geeta Papneja (respondent no.3), Sunana @ Sonam (respondent no. 4), Vasu (respondent no. 5), Ajay (natural guardian of respondent no. 6) and Vijay (natural guardian of respondent no.
7). It has been submitted that the applicants and respondent nos. 3 to 7 have settled their dispute amicably and there is no grievance remained between them and they are ready to compound the offences.
Applicant no. 1 to 6 and respondent nos. 3 to 7 are present in the Court today and they are duly identified by their respective counsel. They also admitted the facts mentioned in the compounding application.
In view of the above and considering 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, the compounding application is allowed. Compromise arrived at between the parties is accepted. Consequently, the cognizance order dated 21.06.2019 for the offences punishable under Sections 147, 148, 149, 323, 427, 504 and 506 of I.P.C. issued by the Court of learned Additional Chief Judicial Magistrate, Roorkee/ Additional Civil Judge (S.D.), Roorkee District Haridwar in Case No. 1453 of 2019 registered at P.S. Gangnahar Roorkee, District Haridwar are hereby quashed, so far it relates to the applicants only.
The C-482 application is, accordingly, disposed of.
(N.S. Dhanik, J.)
Shiksha 01.11.2019