C482/215/2014 of Jarnail Singh AND ANOTHER Vs State Of Uttarakhand AND OTHERS
Parties
- Considering the assertions made in the affidavits aforementioned filed in support of compounding application, inasmuch as, in view of law laid down by the Apex Court in the case of ‘Gian Singh (PETITIONER)
- State of Punjab and another’, reported in (2012) 10 Supreme Court Cases (RESPONDENT)
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CRMA 279/14 (Compounding Application)IN
C482 No. 215 of 2014
Hon’ble V.K. Bist, J.
Mr. Harshpal Sekhon, Advocate for the petitioners.
Mr. R.S. Bisht, Brief Holder for the State/ respondent nos. 1 & 2.
Mr. B.S. Thind, Advocate for respondent no.3.
Heard learned counsel for the parties and perused the record.
This criminal misc. application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of criminal case no. 1242 of 2013, arising out of FIR No. 90 of 2010 dated 11.09.2010 under Section 467, 471, 420, 406 and 468 IPC, registered at police station Dineshpur, District Udham Singh Nagar.
Alongwith the petition, joint compromise application has also been filed supported with the affidavits of petitioner no.1 and respondent no.3. In the affidavit of respondent no.3 i.e. the complainant, it has been asserted that some misunderstanding arose between complainant and present applicants and due to unwanted interference and incitement of miscreant person, impugned FIR was lodged and now differences have been settled out amicable, therefore, the complainant does not wish to prosecute present applicant.
The petitioners and the complainant are present before the Court, who have duly been identified by their respective counsel.
Considering the assertions made in the affidavits aforementioned filed in support of compounding application, inasmuch as, in view of law laid down by the Apex Court in the case of ‘Gian Singh vs. State of Punjab and another’, reported in (2012) 10 Supreme Court Cases
303 and 2003 (4) SCC 675 ‘B.S. Joshi vs. State of Haryana, the compounding application is allowed. The complainant is permitted to compound the offence against the petitioners. Consequently, the criminal misc. application moved under Section 482 Cr.P.C. is allowed. The proceedings of criminal case no. 1242 of 2013, arising out of FIR No. 90 of 2010 dated 11.09.2010 under Section 467, 471, 420, 406 and 468 IPC, registered at police station Dineshpur, District Udham Singh Nagar, is hereby quashed in terms of the compromise entered into between the parties.
NCM:
(V.K. Bist, J.) 07.03.2014