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Judgment
Pankaj Purohit, J
Heard learned Counsel for the parties.
By means of present C482 application, applicants have put to challenge the charge-sheet dated 20.09.2019, cognizance/summoning order dated 06.01.2022 and the proceedings of Criminal Case No.12 of 2022 (State v. Dalveer Ram and others) relating to offences u/s 147, 323, 504 and 506 IPC pending before the Court of Judicial Magistrate, First Class, Tharali, District Chamoli.
The main ground of challenge is that for the same incident happened on 31.05.2017, Criminal Complaint Case No.55 of 2017 was instituted before the same Court and simultaneously, the first information was also lodged which is the subject matter of present case in Patwari Circle Ased Simli, Narayanbagarh, District Chamoli on 31.05.2017.
The aforesaid criminal case no.55 of 2017 was decided before the National Lok Adalat held at Tharali on 12.12.2020 since the parties to the said case had reached to the terms of compromise.
The fact of the matter is that despite there being settlement of aforesaid criminal complaint case, charge-sheet has been filed in the present case viz. Crl. Case No.12 of 2022 against the applicants pursuant to the FIR lodged by respondent no.2.
I have gone through the complaint as well as the FIR with the assistant of learned Counsel for the applicant. From a perusal of the complaint as well as the FIR, it transpires that both the proceedings were launched in respect of one and the same incident, out of which criminal complaint case was later on decided on 12.12.2020 before the National Lok Adalat held at Tharali. In view of the fact that the dispute has already been settled between the parties and the complaint was put to an end by the aforesaid compromise, no proceedings pursuant to the FIR could proceed against the applicants herein.
In such view of the matter, this Court is of the opinion that this is patently a gross abuse of the process of the Court and thus, this Court is inclined to exercise its inherent jurisdiction vested in it under Section 482 Cr.P.C.
Resultantly, present C482 application is allowed. Entire proceedings of Criminal Case No.12 of 2022 (State v. Dalveer Ram and others) for the offences u/s 147, 323, 504 and 506 IPC pending before the Court of Judicial Magistrate, First Class, Tharali, District Chamoli arisen out of charge-sheet dated 20.09.2019 are hereby quashed. Cognizance/ summoning order dated 06.01.2022 also stand quashed.
All other pending applications, stand disposed of accordingly.