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Judgment
Alok Kumar Verma, J
The applicants-accused persons have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the impugned summoning order dated 30.06.2011 along with entire proceeding of the Criminal Case no. 1277 of 2011, “Bhagwan Singh V/s Kartar Singh and Others” pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar.
Heard Mr. Hari Om Bhakuni, the learned counsel for the applicants, Mr. S.S.Adhikari, the learned Deputy Advocate General for the State and Mr. Dinesh Chandra Gahatori & Mr. Vikas Kumar Guglani, learned counsel for the respondent no. 2/complainant.
The learned counsel for the applicants and the respondent no. 2 submitted that the First Information Report of the present matter was lodged after the order, passed by the learned Magistrate on the application, filed under Section 156(3) of the Code of Criminal Procedure. After investigation, a closure report was filed. A protest petition was submitted. After hearing both the parties, the learned Magistrate had passed an order to register the protest petition as a complaint case. After that, the complainant and witnesses were examined under Section 200 and 202 of the Code of Criminal Procedure. On 30.06.2011, the learned Additional Chief Judicial Magistrate, Khatima took the cognizance against the applicants-accused persons and passed the impugned summoning order against the applicants-accused persons for the offence under Section 436 and 506 of IPC.
Mr. Bhagwan Singh, the respondent no. 2 and the complainant is present in-person before the court. He is identified by Mr. Dinesh Chandra Gahatori, Advocate.
Mr. Asha Singh and Mr. Sukhdev Singh, the applicant nos. 2 and 3 are present in-person before the Court. They are identified by Mr. Hari Om Bhakuni, Advocate.
The learned counsel for the applicants and the learned counsel for the respondent no. 2 submitted that Mr. Kartar Singh, the applicant no. 1-accused has died on 06.02.2021 and a copy of his death certificate has been filed as Annexure no. 1.
The learned counsel for the State has no objection.
The said Criminal case no. 1277 of 2011 is abated against the deceased applicant-accused Mr. Kartar Singh.
Both the applicants and the respondent no.2 submitted that there were some private disputes between them and the said disputes have been resolved.
Mr. Bhagwan Singh, the responded no. 2, submitted that he does not want to proceed against the applicants with the Criminal Case no. 1277 of 2011. The respondent no. 2 and both the applicants further submitted that they have filed a joint Compounding Application (IA No. 1713 of 2021) along with affidavits with their free will and without any pressure.
The learned counsel appearing for the State submitted that there were private disputes between the parties and the present matter is a complaint case, therefore, the State has no objection.
Keeping in view of the totality of the fact and circumstances of the case, this Court is of the view that ends of justice would be met, if the impugned summoning order dated 30.06.2011 along with entire proceeding of the Criminal Case no. 1277 of 2011, “Bhagwan Singh V/s Kartar Singh and Others” pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar, are quashed.
Resultantly, the impugned summoning order dated 30.06.2011 along with entire proceeding of the Criminal Case no. 1277 of 2011, “Bhagwan Singh V/s Kartar Singh and Others” pending before the learned Judicial Magistrate, Khatima, District Udham Singh Nagar, are, hereby, quashed.
The Criminal Misc. Application (No.137 of 2020), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.