Himanshu Bhatt vs State Of Uttarakhand And Another

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.390 of 2020, “State vs. Himanshu”, pending before the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Khatima, District Udham Singh Nagar for the offence under Sections 354 and 354D of IPC.

Heard Mr. Abhishek Verma, learned counsel for the applicant, Mr. A.K. Shah, learned Deputy Advocate General for the State and Mr. Mehboob Rahi, learned counsel for the respondent no.2/informant/victim.

The applicant – accused Himanshu Bhatt is present in-person before this Court and he is identified by Mr. Abhishek Verma, Advocate.

The respondent no.2 – Naina Dhami alias Nandi, the daughter of Pushkar Singh Dhami/informant/victim, is present in-person before this Court and she is identified by Mr. Mehboob Rahi, Advocate.

The respondent no.2 and the applicant submitted that there were private disputes between them and they have resolved their disputes. They further submitted that they have filed their affidavits.

The respondent no.2 further submitted that she has filed her affidavit with her free will and without any pressure and she does not want to proceed with the said criminal case against the applicant.

The learned counsel appearing for the State submitted that there were private disputes between the parties and the said disputes have been resolved by them.

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.390 of 2020, “State vs. Himanshu”, pending before the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Khatima, District Udham Singh Nagar for the offence under Sections 354 and 354D of IPC, are quashed.

Resultantly, the entire proceedings the Criminal Case No.390 of 2020, “State vs. Himanshu”, pending before the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Khatima, District Udham Singh Nagar for the offence under Sections 354 and 354D of IPC, are quashed.

The Criminal Miscellaneous Application No.1249 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.