C482/965/2014 of Islam AND ANOTHER Vs State Of Uttarakhand AND ANOTHER

C-482 no. 965 of 2014

U.C. Dhyani, J.

Mr. Vivek Shukla, Advocate for the applicants. Mr. Raman Kumar Shah, Dy. Advocate General with Mr. H.S. Rawal, Brief Holder for the respondent State.

It is the statement of learned counsel for the applicants that when they filed criminal writ petition no. 284 of 2013, relating to the same FIR and same incident, their writ petition was allowed in terms of compromise entered into between the parties. As consequence thereof, FIR dated 25.01.2013, registered as case crime no. 28 of 2013, relating to offence punishable under Section 406 of IPC, police station Ranipur, District Haridwar, was quashed, videorder dated 20.03.2013.

Somehow, under some misconception, the Investigating Officer has filed the charge-sheet, which is under challenge before this Court. Since the FIR dated 25.02.2013, registered as case crime no. 28 of 2013, relating to offence punishable under Section 406 of IPC, police station Ranipur, District Haridwar, was quashed by this Court, vide order dated 20.03.2013, there was, therefore, no question of filing of charge-sheet by Investigating Officer, which charge-sheet, it appears was filed under some misconception.

Application under Section 482 of Cr.P.C. is therefore, allowed. Proceedings of criminal case no. 1070 of 2013, State vs Islam and another (arising out of case crime no. 28 of 2013), under Sections 406 and 411 of IPC, relating to police station, Ranipur, District Haridwar, pending in the court of A.C.J.M., Haridwar, are hereby quashed.

CRMA no. 1264 of 2014 also stands disposed

(U.C. Dhyani, J.)

27.08.2014