Manish Chand vs State Of Uttarakhand And Another
2023 Latest Caselaw 724 UK

   HIGH COURT OF UTTARAKHAND AT NAINITAL

      Criminal Misc. Application No. 357 of 2023
Manish Chand                                     ..........Petitioner

                                  Vs.

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

Present :   Mr. Susheel Kumar, Advocate for the petitioner.
            Mr. Atul Kumar Shah, Deputy Advocate General          for   the
            State/respondent no.1.
            Mr. Koshore Rai, Advocate for the respondent no.2.


                             JUDGMENT

Per : Hon'ble Ravindra Maithani, J.

The petitioner seeks quashing of charge-sheet

No.73/2021, dated 24.04.2021, cognizance/summoning

order dated 26.08.2021, passed by the Additional Chief

Judicial Magistrate, Khatima, District Udham Singh

Nagar in Criminal Case No.1229 of 2021, State vs.

Manish Chand (for short, "the Case"), in relation to

FIR/Case Crime No.75 of 2021, under Section 67 of

Information Technology Act, 2000, Police Station

Khatima, District Udham Singh Nagar and entire

proceeding of the case 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 petitioner is a young boy; he has tendered

apology to the informant; their family members have

settled the dispute amicably and the victim does not want

to proceed with the case 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. The victim has told that keeping in view

the apology given by the petitioner and his family

members, she does not want to proceed with the case.

5. Having considered the nature of the offence

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

the petition may be decided on the basis of compromise

between the parties. Accordingly, the criminal misc.

application deserves to be allowed.

6. The instant petition is allowed. The charge-

sheet, cognizance/summoning order, passed in the case

as well as entire proceedings of the case, is hereby

quashed qua the petitioner.

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

stands disposed of accordingly.

(Ravindra Maithani, J.) 21.03.2023 Sanjay