Arjun Singh Fartyal And Others ... vs State Of Uttarakhand
2023 Latest Caselaw 723 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 459 of 2023
Arjun Singh Fartyal and others                      ..........Petitioners

                                    Vs.

State of Uttarakhand                                ........ Respondent

Present :   Mr. K.K. Harbola, Advocate for the petitioner.
            Mr. T.C. Agarwal, Deputy Advocate General with Mr. Sachin Panwar,
            Brief Holder for the State/respondent no.1.
            Mr. Deepak Joshi, Advocate for the respondent nos.2 and 3.


                               JUDGMENT

Per : Hon'ble Ravindra Maithani, J.

The petitioners seek quashing of cognizance

order 17.01.2023 and charge-sheet dated 03.12.2022,

passed by the Chief Judicial Magistrate, Champawat in

Criminal Case No.20 of 2023, State vs. Kamal Singh

Fartyal and others in relation to FIR No.55 of 2022, under

Sections 323, 324, 352, 506 IPC, Police Station Lohaghat,

District Champawat on the basis of amicable settlement

between the parties. A joint compounding application has

also been filed supported by the affidavits.

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the parties would submit

that the parties have amicably settled the dispute; the

petitioners and the injured, who are respondent nos.2

and 3, all are students; they are local residents of District

Champawat and they are living in peace and harmony.

4. Parties are present before the Court as

identified by their respective counsel. They have verified

the compromise. They have stated that they are relatives

and they have amicably settled the dispute.

5. Having considered the nature of the offence

and other attending factors, this Court is of the view that

the criminal misc. application may be decided on the

basis of compromise between the parties. Accordingly, the

criminal misc. application deserves to be allowed.

6. The instant criminal misc. application is

allowed. The cognizance order 17.01.2023 and charge-

sheet dated 03.12.2022, passed in the case as well as

entire proceedings of the case, is hereby quashed qua the

petitioners.

7. Compounding Application (IA) No.1 of 2023

stands disposed of accordingly.

(Ravindra Maithani, J.) 21.03.2023 Sanjay