Neeraj And Another ........... ... vs State Of Uttarakhand And Another
2021 Latest Caselaw 4535 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

     Criminal Misc. Application No. 1562 of 2021

Neeraj and another                                 ........... Petitioners


                                     Vs.



State of Uttarakhand and another                    ........ Respondents



Present : Mr. Hemant Pant, Advocate for the petitioners.
          Mr. Pratiroop Pandey, A.G.A. for the State/respondent no.1.
          Mr. Pawan Mishra, Advocate for the private respondent no.2.


                               JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

In the instant petition, petitioner seeks

quashing of the charge-sheet dated 07.09.2020, the

cognizance order dated 08.01.2021, passed by the Chief

Judicial Magistrate, Dehradun in Criminal Case No.415 of

2021, as well as the entire proceedings of Criminal Case

No.415 of 2021, State vs. Neeraj and another, under

Sections 504, 506 IPC, pending in the court of 6th

Additional Chief Judicial Magistrate, Dehradun (for short,

"the case") on the basis of amicable settlement between

the parties.

2. Heard learned counsel for the parties and

perused the record.

3. The case is based on an FIR, lodged by the

respondent no.2, under Sections 504, 506 IPC. It is this

FIR, in which, after investigation, charge-sheet has been

submitted against the petitioners.

4. A joint compounding application has been filed

supported by the affidavits of the petitioners and the

respondent no.2.

5. The petitioners and the respondent no.2 are

present before the Court, duly identified by their

respective counsel. They have accepted before the Court

that voluntarily they have settled the dispute.

6. In the instant case, the parties have settled the

dispute amicably. They are residents of the same locality.

They have realized their mistake. It is a cross-case.

Parties are living in peace and harmony now.

7. Having considered all the attending factors,

this Court is of the view that it is a case which may be

decided on the basis of amicable settlement between the

parties. Accordingly, the petition deserves to be allowed.

8. Accordingly, the instant petition is allowed. The

charge-sheet dated 07.09.2020, the cognizance order

dated 08.01.2021, passed by the Chief Judicial

Magistrate, Dehradun in Criminal Case No.415 of 2021,

as well as the entire proceedings of Criminal Case No.415

of 2021, State vs. Neeraj and another, under Sections

504, 506 IPC, pending in the court of 6th Additional Chief

Judicial Magistrate, Dehradun are hereby quashed.

9. Compounding application stands disposed of

accordingly.

(Ravindra Maithani, J.) 12.11.2021 Sanjay