Hariom Saini And Another vs State Of Uttarakhand And Others

Ravindra Maithani, J

The challenge in this petition is made to the FIR/Case Crime No. 10 of 2018, dated 13.01.2018, Police Station Jaspur, District Udham Singh Nagar, Charge-sheet dated 16.05.2018, under Section 420, 467, 468, 471 IPC and summoning order dated 31.05.2018, passed in Criminal Case No. 331 of 2018, State Vs. Rakesh Kumar Singh, by the court of Civil Judge/Judicial Magistrate, Jaspur, District Udham Singh Nagar (“the case”) as well as the entire proceedings of the case.

Heard learned counsel for the parties and perused the record.

Learned counsel for the petitioners would submit that parties have settled the dispute amicably. It is argued that, initially, the charge sheet was submitted against some other co-accused Simranjeet Singh, Succha Singh, Harkesh @ Rakesh Saini, Hari Ram and Khushal Singh and those co-accused have already compounded the offence, which was recorded by the Court in Criminal Misc. Application No. 2424 of 2019, Harkesh @ Rakesh Saini and other Vs. State of Uttarakhand and another on 09.01.2020. It is argued that subsequently, supplementary charge sheet was submitted against the petitioners and another person. They have also settled the dispute amicably.

The parties have also filed a joint compounding application supported with the affidavits.

The petitioner no.1 and respondent no.3 are present in person before this Court. The petitioner no.2 joined the proceedings through video conferencing. They have been identified by their respective counsel. They have accepted before the Court that they have amicably settled the dispute.

Learned State counsel would submit that it is a case related to the embezzlement of the insurance money. The offence is against the State at large. Therefore, it is not a case fit for compounding.

According to the FIR, the co-accused deceitfully obtained the insurance money and utilized it for their own purposes. It is admitted that on the earlier charge sheet, the case has been compounded by this Court on 09.01.2020. Supplementary charge sheet has been submitted against the petitioners.

In the order dated 09.01.2020, passed in Criminal Misc. Application No. 2424 of 2019, this Court has observed that “Considering the facts and circumstances of the case and the legal proposition propounded by the Hon’ble Apex Court, compounding application is allowed. Compromise arrived at between the parties is accepted”.

The case of co-accused has already been compounded. Therefore, this Court is of the view that instant case may also be decided based on amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the instant petition is allowed. The FIR/Case Crime No. 10 of 2018, dated 13.01.2018, Police Station Jaspur, District Udham Singh Nagar, Charge-sheet dated 16.05.2018, under Section 420, 467, 468, 471 IPC and summoning order dated 31.05.2018, and entire proceeding of the case are hereby quashed qua the petitioners.

Compounding Application No.1 of 2024 stands disposed of accordingly.