Uttarakhand High Court
Unknown vs Asgar Ali And Others" on 14 June, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
14th JUNE, 2022
CRIMINAL MISCELLANEOUS APPLICATION NO.1968 of 2021
Between:
Asgar Ali and fourteen Others ........Applicants
and
State of Uttarakhand and Another ...Respondents
Counsel for the Applicants : Mr. Bhuwan Bhatt.
Counsel for the State/
Respondent No.1 : Mr. Pratiroop Pandey,
learned AGA for the
State.
Counsel for the informant/victim
Respondent no.2 : Mr. Hemant Pant.
Hon'ble Alok Kumar Verma,J.
The applicants - accused persons have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the impugned charge-sheet, cognizance/summoning order dated 09.12.2016 and the entire proceedings of Criminal Case No.4836 of 2016, "State vs. Asgar Ali and Others", 2 pending before the IInd Additional Chief Judicial Magistrate, Dehradun.
2. Subsequent to the submission of the charge- sheet, the learned trial court took the cognizance and passed the impugned summoning order against the applicants for the offence under Sections 147, 148, 149, 323, 504 and 506 of IPC.
3. Heard Mr. Bhuwan Bhatt, learned counsel for the applicants, Mr. Pratiroop Pandey, learned AGA for the State and Mr. Hemant Pant, learned counsel for the respondent no.2/informant/victim.
4. The respondent no.2, informant/injured, Abid Ali and Furkan Ali, injured persons are present in-person before this Court and they are identified by Mr. Hemant Pant, Advocate.
5. The learned counsel appearing for the applicants submitted that the proceedings of the cross case have already been quashed in Criminal Miscellaneous Application No.1973 of 2021.
6. The respondent no.2 and both the injured persons submitted that there were private disputes with the applicants and the said disputes have been resolved, therefore, a joint Compounding Application (IA No.01 of 3 2022) has been filed by the applicants and the respondent no.2. The respondent no.2 and both the injured persons further submitted that they have filed their affidavits with their free will and without any pressure.
7. The learned counsel appearing for the State submitted that there were private disputes between the parties and the said disputes have been resolved, therefore, the State has no objection.
8. 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 impugned charge- sheet, cognizance/summoning order dated 09.12.2016 and the entire proceedings of Criminal Case No.4836 of 2016, "State vs. Asgar Ali and Others", pending before the IInd Additional Chief Judicial Magistrate, Dehradun, is quashed.
9. Resultantly, the charge-sheet, cognizance/ summoning order dated 09.12.2016 and the entire proceedings of Criminal Case No.4836 of 2016, "State vs. Asgar Ali and Others", pending before the IInd Additional Chief Judicial Magistrate, Dehradun, is quashed. 4
10. The Criminal Miscellaneous Application No.1968 of 2021, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
___________________ ALOK KUMAR VERMA, J.
Dated: 14th June, 2022 Pant/