Document Fragment View
Fragment Information
Showing contexts for: section 111 indian penal code in Pan Singh Rana vs State Of Uttarakhand & Another on 28 September, 2018Matching Fragments
2. Initially, an F.I.R. was registered for offences under Sections 285 and 506 I.P.C., read with under Section 27 and u/s 30 of the Arms Act. During the course of investigation, it was found by the Investigating Officer that the offence under Section 285 I.P.C. as alleged in F.I.R. is not made out and Section 307 I.P.C. was added to it. Thus, ultimately charge sheet was submitted for the offences under Sections 307 and 506 I.P.C. This C482 Application was called for from the Registry, on a mention being made by the counsel for the parties. The applicant and respondent No. 2 are present in person and they have been duly identified by their respective counsel. The offences which are being sought to be compounded in the present C482 Application emanates from Case Crime No. 111/2016, registered under Sections 307 & 506 of I.P.C. at Police Station Raipur, District Dehradun, which was ultimately on submission of the charge sheet, being Charge Sheet No. 69A/16 dated 03.09.2016, was registered as Criminal Case No. 3577/2016 'State vs. Pan Singh Rana', on which, after submission of charge-sheet, the summoning order was issued on 15.09.2016. Consequently, the present C482 Application has been preferred questioning the summoning order dated 15.09.2016, Charge-Sheet No. 69A/16 dated 03.09.2016 as well as the entire criminal proceedings, pending before IInd Additional Chief Judicial Magistrate. The applicant has sought the following relief :
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash / set-aside charge-sheet dated 29.08.2016 as well as the summoning order dated 05.09.2016 passed by the learned IInd Additional Chief Judicial Magistrate, Dehradun in Criminal Case No. 3577 / 2016 (State Vs. Pan Singh Rana) (Case Crime No. 111/2016), under Sections 307, 506 of I.P.C. registered at Police Station - Raipur, District - Dehradun and further to quash the entire proceedings of the aforesaid Criminal Case No. 3577 / 2016 (State Vs. Pan Singh Rana) (Case Crime No.111/2016), under sections 307, 506 of I.P.C. registered at Police Station - Raipur, District-Dehradun pending in the court of learned IInd Additional Chief Judicial Magistrate, Dehradun, and / or to pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
42. In view of ratio as laid by the Hon'ble Apex Court in the catena of decisions cited hereinabove, Compounding Application No. 10867 of 2018, filed by the parties will stand allowed and the entire proceedings of Criminal Case No. 3577 of 2016 'State Vs. Pan Singh Rana' arising out of Case Crime No. 111 of 2016 under Sections 307 and 506 of I.P.C. at Police Station Kotwali Raipur, District Dehradun, which is presently pending before the IInd Chief Judicial Magistrate, Dehradun stands quashed.