Applicants vs State Of Uttarakhand And Another
2022 Latest Caselaw 3731 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

 Criminal Miscellaneous Application No. 2085 of 2022

 Naveen Adhikari @ Neeraj Adhikari & others

                                                       ........... Applicants

                                      Vs.

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

Present : Mr. Yogesh Pacholia, Advocate for the petitioners.
          Mr. Lalit Miglani, AGA for the State.
          Mr. B.S. Bhandari, Advocate for the respondent no. 2.



                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition is made to the

charge sheet dated 18.08.2022, cognizance order dated

22.09.2022 passed in Criminal Case No. 281 of 2022,

State of Uttarakhand v. Tanuj Bisht and others, under

Sections 147, 149, 457, 427, 323, 504, 506 IPC, by the

court of Judicial Magistrate, Ranikhet, District Almora

("the case"), as well as the entire proceedings of 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 ("the informant"). According to it, on

06.07.2022, the petitioners entered into the house of the

informant, abused and assaulted him. It is this FIR, which

resulted in filing of the charge sheet.

4. Learned counsel for the petitioners would

submit that the parties have amicably settled the dispute;

they are young persons and all of them are from the same

district.

5. A joint compounding application has been filed

by the petitioners as well as the informant, supported by

the affidavits.

6. The petitioner and the informant are personally

present before the Court, duly identified by their

respective counsel. They have verified the contents of the

compounding application and stated that they have

settled the dispute amicably.

7. Learned State Counsel, under instructions,

would submit that that the offences are against the

society. But, he would submit that the petitioners have no

criminal antecedents.

8. Having considered, 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.

9. The petition is allowed. The chargesheet dated

18.08.2022, summoning order dated 22.09.2022 as well

as the entire proceeding of the case are hereby quashed.

10. Compounding application No. 1 of 2022 stands

disposed of accordingly.

(Ravindra Maithani, J.) 22.11.2022 Avneet/