Daya Kishan Tewari And Others ... vs State Of Uttarakhand And Another
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Uttarakhand High Court

Daya Kishan Tewari And Others ... vs State Of Uttarakhand And Another on 21 September, 2024

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
      Criminal Misc. Application No. 534 of 2024

Daya Kishan Tewari and others                          ........... Applicants

                                       Vs.

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

Present :   Mr. H.C. Pathak, Advocate for the petitioners.
            Ms. Manisha Rana Singh, AGA for the State.
            Mr. Harshit Sanwal, Advocate for the respondent no. 2.

                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral) Instant petition under Section 528 of the Bhartiya

Nagrik Suraksha Sanhita, 2023 has been filed for quashing the

charge sheet No. 34 of 2021 dated 26.06.2021, under Sections 147,

323, 325, 34, 452, 504, 506 IPC in FIR No. 25 of 2021 dated

05.06.2021, P.S. Bhimtal, District Nainital; summoning order dated

09.11.2021 passed in Criminal Case No. 2529 of 2021, State v.

Daya Kishan Tiwari, by the court of Additional Chief Judicial

Magistrate, Nainital ("the case") as well as the entire proceedings of

the case pending before court of First Additional Civil

Judge/Judicial Magistrate, Nainital, on the basis of amicable

settlement.

2. Heard learned counsel for the parties and perused the

record.

3. A joint compounding application has been filed by the

petitioners as well as the informant ("respondent no. 2") supported

by the affidavits.

4. Learned counsel for the parties would submit that the

parties are neighbours; they have settled the dispute amicably.

5. The petitioners as well as the respondent no. 2 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.

6. The Court particularly asked the respondent no. 2. He

would submit that they have settled the dispute amicably and now

he does do not want to proceed with the matter.

7. 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.

8. The petition is allowed. The charge sheet No. 34 of 2021

dated 26.06.2021, summoning order dated 09.11.2021 as well as

the entire proceedings of the case are hereby quashed.

9. Compounding application (IA No. 1 of 2024) stands

disposed of accordingly.

(Ravindra Maithani, J.) 21.09.2024 Avneet/