Ashok Kumar vs State of Uttaranchal and Another

Hon''ble Servesh Kumar Gupta, J.—By way of this Criminal Miscellaneous Application, the applicant has prayed to quash the summoning order dated 10.11.2006, passed by the Judicial Magistrate, Kashipur, Udham Singh Nagar as well as the proceedings of Criminal Case No. 955/2006, arising out of Crime No. 2979/2006, State v. Ashok Kumar, u/s 420, 467, 468, 471 IPC.

Parties have filed a compounding application. Accused-applicant Ashok Kumar and the complainant-respondent no. 2 Zahid Hussain are also present in person.

It transpires that Ashok Kumar successfully contested an election of Pradhan of his village as an OBC candidate. At the time of election, he also possessed the OBC certificate. After his winning the election of Pradhan of the village, complainant Zahid Hussain (Deputy Pradhan of the same village) questioned the genuineness of his OBC certificate. The matter came up to the level of High Court, and on the orders of this Court, enquiry was set up, and the said certificate of the applicant Ashok Kumar was found to be genuine.

Hitherto, on the complaint of Zahid Hussain, the said OBC certificate was cancelled by the concerned District Magistrate, and an FIR was lodged against the applicant/petitioner. After investigation, police submitted the chargesheet, whereupon the learned Magistrate has summoned the accused-applicant to face the trial, as stated above.

After due enquiry by a Committee under the orders of this Court, when the OBC certificate of the accused-applicant was found to be genuine, he was reinstated as Pradhan of the village. Therewithal, a compromise has also been entered into between the parties. Compounding application, filed today in the Court, is supported by the joint affidavit of the accused-applicant and the complainant duly identified by their respective counsel.

Hence, in view of the precedent of the Hon''ble Apex Court rendered in the case of Nikhil Merchant v. Central Bureau of Investigation, reported in (2008) 3 SCC (Cri) 858, the compromise entered into between the parties is accepted. Compounding application is allowed.

Resultantly, the petition is allowed. Summoning order dated 10.11.2006, passed by the Judicial Magistrate, Kashipur, Udham Singh Nagar as well as entire proceedings of Criminal Case No. 955/2006, State v. Ashok Kumar, u/s 420, 467, 468, 471 IPC are hereby quashed.

Registry is directed to inform the court concerned accordingly.