Deepti Tiwari And Hema Kabadwal vs State Of Uttarakhand And Another

Alok Kumar Verma, J

A Criminal Case (No.864 of 2023, “State vs. Preeti Bisht and Others)” is pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital. Charge-sheet was filed after completion of investigation. Learned Trial Court took the cognizance for the offence under Sections 384 and 120B IPC against the applicant no.1 – accused Smt. Deepti Tiwari and cognizance was taken for the offence under Sections 384, 504, 120B IPC against the applicant no.2 – Smt. Hema Kabadwal.

As per allegations of the FIR, some wrong facts were posted on Facebook by the applicants and by sending SMS to the informant, money was demanded from him.

Both the applicants – accused persons, namely, applicant no.1 - Smt. Deepti Tiwari and applicant no.2 – Smt. Hema Kabadwal are present in-person and they are identified by Mr. T.P.S. Takuli, Advocate.

Respondent no.2 – Jasvinder Singh, informant/victim is present in-person and he is identified by Mr. Jayant Sah, Advocate.

Heard Mr. T.P.S. Takuli, learned counsel for the applicants, Mr. T.C. Agarwal, learned Deputy Advocate General for the State/respondent no.1 and Mr. Jayant Sah, learned counsel for respondent no.2.

Applicants and respondent no.2 submitted that there were private disputes between them and they have resolved their disputes, and, after resolving their disputes, they have filed a joint Compounding Application (IA No.01 of 2023) along with affidavits with their free will and without any pressure. Respondent no.2 further submitted that he does not want to proceed with the said criminal case.

Learned counsel appearing for the State submitted that there were private disputes between the parties and they have resolved their disputes, therefore, the State has no objection. He has also given no-objection in writing.

Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.864 of 2023, “State vs. Preeti Bisht and Others”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed qua the applicants.

Resultantly, the entire proceedings of Criminal Case No.864 of 2023, “State vs. Preeti Bisht and Others”, pending before the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital, are quashed qua the applicants only.

Criminal Miscellaneous Application No.898 of 2023, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.