C482/469/2021
2022 Latest Caselaw 2716 UK

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                                  IA No. 2 of 2022
                                  In
                                  C482 No. 469 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Tarun Prakash Singh Takuli, Advocate, for the applicant.

Mr. V.S. Rathore, A.G.A, assisted by Mr. Promod Chandra Tiwari, Brief Holder, for the State of Uttarakhand.

The applicant to the present C482 Application, had prayed for quashing of Chargesheet No. 57 of 2018, dated 23rd May, 2018, wherein, the applicant had been charged for the commission of the offences under Sections 435, 427, 504 and 506 IPC, which was arising out of an FIR No. 0241 of 2017 (New No. 0240 of 2017) dated 16th December, 2017, which was got registered at Police Station Dineshpur, District Udham Singh Nagar, which was registered by respondent No. 2, against the present applicant and brother of the applicant, who had already expired.

Consequent to it, the Criminal Case No. 10001 of 2018, State Vs Kailash Tiwari, the trial of the offences is being carried by the Court of 1st Additional Civil Judge (J.D.)/ A.C.J.M., Rudrapur, District Udham Singh.

The learned counsel for the applicant has submitted, that earlier while challenging the FIR, being FIR No. 241 of 2017, dated 16th December, 2017, in relation to the same offences, which had now been tried, the applicant had approached the Writ Court by filing the Writ Petition, being Writ Petition (Criminal) No. 2060 of 2018, Kailash Chandra Tiwari and another Vs. State of Uttarakhand and others, in which, the Coordinate Bench, while considering the implications of the impugned FIR No. 241 of 2017, as well as the contents of the composition application, filed under Section 320 of the Cr.P.C., had compounded the offence and had allowed their Compounding Application. Consequently, resulting into quashing of the criminal proceedings.

In view of the aforesaid judgment of composition of the offence dated 1st November, 2018, the applicant is being charged for the offences, on the basis of the FIR, which was wrongly numbered by feeding it twice as FIR No. 240 of 2017 also.

In that view of the matter, the present C482 Application would stand allowed, in terms of the already rendered composition order passed by the Coordinate Bench on 1st November, 2018.

Accordingly, the proceedings, which are being carried against the present applicant in pursuance of the impugned orders, which are under challenged in the present C482 Application, would hereby stands dropped.

(Sharad Kumar Sharma, J.) Dated 29.08.2022 Shiv