Uttarakhand High Court
Hon'Ble Sharad Kumar Sharma vs Unknown on 17 February, 2023
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes, reports,
SL. orders or proceedings or
Date COURT'S OR JUDGES'S ORDERS
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C482 No.276 of 2023
Hon'ble Sharad Kumar Sharma, J.
Mr. Rajeev Bhatt, learned counsel for the applicant.
Mr. Pratiroop Pandey, learned A.G.A. along with Ms. Lata Negi, learned Brief Holder for the State.
Mr. Deep Prakash Bhatt, learned counsel for the private respondent.
The present the C-482 application is arising out of the summoning order dated 10.01.2019, as it was passed by the Court the learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, in Criminal Case No.187/2019, "State Vs. Ram Dulare", which stood initiated as a consequence of registration of FIR being FIR No.0145 of 2018 dated 02.06.2018, which was registered as against named accused person - Ram Dulare for his alleged involvement in commission of offences under Sections 323, 324, 504.
The C-482 application is
accompanied by a compounding
application, which has been jointly
preferred by the parties contending
therein, that a minor dispute arose among themselves on account of certain repair work, which was being carried out on a pathway and due to misunderstanding some minor altercation had taken place, which was the cause of drawing of criminal proceedings.
This Court being conscious of the fact, that the offence punishable under Section 323, is no doubt compoundable under Section of 320 Cr.P.C., but considering the fact that for the offences which have been complaint of there are only two witnesses who too are present before this Court and all of them have unanimously come to a conclusion, that since owning to the settlement arrived between them in the form of compounding application since they have now resolved to settle the scores, the matter may be compounded.
The parties to the proceedings are present in person. This Court has also interacted with the complainant - Mr. Lakhvinder Singh. He too has made a statement, that owing to the fact, that they are residents of the same area and they have now settled their dispute in terms of the compounding application. The compounding application is duly supported by their respective affidavits, as well as their signatures, which are appearing on the compounding application, which have been duly verified by their respective counsels. Owing to the aforesaid facts, that the parties have entered into a compromise and the dispute since being exclusively a private dispute, which arose at the spur of a moment, this Court is inclined to compound the offence while exercising power under Section 482 Cr.P.C. Accordingly, the proceedings of Criminal Case No.187/2019, "State Vs. Ram Dulare", pending consideration before the Court of learned Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, would hereby stand dropped in terms of the present compounding application and as a consequence thereto the present C-482 application would stand allowed.
Criminal Misc. Application (C-482)
No.277 of 2023
This is a connected C-482
application filed in a cross-case to the Criminal Case No.187/2019, "State Vs. Ram Dulare", which has already been compounded by the above order.
Since the parties as well as the disputes which happens to be identical and is being sought to be compounded under the similar terms and conditions, hence, this C-482 application too stands allowed and as a consequence thereto, the proceedings of Criminal Case No.3151/2018, "State Vs. Lakhvinder Singh and Others" wherein the present applicant is summoned to be tried for the commission of offences under Section 323 and 506 IPC would hereby stand quashed.
Because under the given circumstances, it will amount to burden the parties with the litigation, which would be ultimately a proceedings in futility.
(Sharad Kumar Sharma, J.) 17.02.2023 Sukhbant