Uttarakhand High Court
Section 482 Of The Code Of Criminal ... vs Shakeel Ahmad And Two Others" on 18 August, 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
18th AUGUST, 2022
CRIMINAL MISCELLANEOUS APPLICATION NO. 1014 of 2022
Between:
Shakeel Ahmad and Others ...Applicants
and
State of Uttarakhand and Another. ...Respondents
Counsel for the Applicants : Mr. M.K. Ray, learned
counsel.
Counsel for the State : Mr. V.S. Rathore,
learned A.G.A.
Counsel for the Respondent : Mr. Vinay Singh Chauhan,
No. 2. learned counsel.
Hon'ble Alok Kumar Verma,J.
The present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the entire proceedings of Criminal Case No. 1527 of 2019, "State vs. Shakeel Ahmad and two others", pending before the Court of the Additional Chief Judicial Magistrate/Ist Additional Civil Judge (Senior Division), Udham Singh Nagar.
2. Subsequent to the submission of the charge- sheet, the learned Trial Court took cognizance and passed 2 the summoning order under Sections 452, 323, 504, 506 of IPC against the applicants - accused persons.
3. Heard Mr. M.K. Ray, the learned counsel for the applicants-accused persons, Mr. V.S. Rathore, the learned A.G.A. for the State and Mr. Vinay Singh Chauhan, the learned counsel for the respondent no. 2.
4. All the three applicants--accused persons are present in-person before this Court and they are identified by Mr. M.K. Ray, Advocate.
5. The respondent no. 2- Mohd. Shahbaz, the informant and Shahzad @ Ranu, the injured, are present in- person before this Court and they are identified by Mr. Vinay Singh Chauhan, Advocate.
6. All the applicants, the respondent no. 2, informant and the injured submitted that there were private disputes between them and they have resolved their disputes. They further submitted that after resolving their private disputes, they are living in peace and harmony. They submitted that they have filed a joint compounding application along with their affidavits.
7. The respondent no. 2, the informant, and the injured person further submitted that they have filed their affidavits with their free will and without any pressure and they do not want to proceed with the said criminal case against the applicants- accused persons. 3
8. The learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes.
9. 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 entire proceedings of Criminal Case No. 1527 of 2019, "State vs. Shakeel Ahmad and two Others", pending before the Court of the Additional Chief Judicial Magistrate/Ist Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.
10. Resultantly, the entire proceedings of Criminal Case No. 1527 of 2019, "State vs. Shakeel Ahmad and two Others", pending before the Court of the Additional Chief Judicial Magistrate/Ist Additional Civil Judge (Senior Division), Udham Singh Nagar, are quashed.
11. The Criminal Miscellaneous Application (No. 1014 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
___________________ ALOK KUMAR VERMA, J.
Dt: 18th August, 2022 SB