Sonu Gahlot vs State Of Uttarakhand And Others
2021 Latest Caselaw 4544 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

     Criminal Misc. Application No. 1556 of 2021

Sonu Gahlot                                         ........... Petitioner


                                     Vs.



State of Uttarakhand and others                      ........ Respondents



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


                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

In the instant petition, petitioner seeks

quashing of charge-sheet dated 07.09.2020, the

cognizance order dated 08.01.2021, passed by the Chief

Judicial Magistrate, Dehradun in Criminal Case No.428 of

2021, as well as the entire proceedings of Criminal Case

No.428 of 2021, State vs. Sonu Gahlot, under Sections

323, 504, 506 IPC pending in the court of the 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 323, 504, 506 IPC. It is

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

been submitted against the petitioner.

4. A joint compounding application has been filed

supported by the affidavits of the petitioner, the

respondent no.2, the informant and the respondent no.3,

who is the wife of the informant, who according to the

FIR, was also abused at the time of incident.

5. Petitioner and private respondents 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.428 of 2021,

as well as the entire proceedings of Criminal Case No.428

of 2021, State vs. Sonu Gahlot, under Sections 323, 504,

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

Judicial Magistrate, Dehradun are hereby quashed.

9. Compounding application stands disposed of

accordingly.

(Ravindra Maithani, J.) 12.11.2021 Sanjay