Krishna vs State Of Uttarakhand And Others

Alok Kumar Verma, J

This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceeding of Criminal Case No.5353 of 2021, “State vs. Krishna”, pending before the Additional Chief Judicial Magistrate (Railway), Haldwani, District Nainital.

According to the First Information Report dated 17.07.2021, the informant was travelling by train with his sister on 15.07.2021. During that trip, his jewelry was stolen. During the investigation, some of the stolen jewelry was recovered from the possession of the present applicant.

After completion of the investigation, the trial court took the cognizance and passed the summoning order under Sections 380 and 411 of IPC against the present applicant.

Heard Mr. Vikas Anand, the learned counsel for the applicant, Mr. Rohit Dhyani, learned Brief Holder for the State and Mr. B.S. Koranga, the learned counsel for the respondent nos.2 and 3.

The applicant – accused Krishna is present in-person before this Court and he is identified by Mr. Vikas Anand, Advocate.

The respondent no.2 – Kasim Waleed, the informant/victim and the respondent no.3 Smt. Rukhsar Moinuddin Khan, the sister of the informant/victim, are present in-person before this Court and they are identified by Mr. B.S. Koranga, Advocate.

Both, the applicants, the respondent no.2 and the respondent no.3 submitted that they have resolved their disputes, which were private in nature, and, after resolving their disputes, they have filed a joint Compounding Application (IA No.01 of 2022) along with their affidavits.

The respondent no.2 and the respondent no.3 submitted that they have filed their affidavits with their free will and without any pressure. They further submitted that they do not want to proceed with the said criminal case against the applicant.

The learned counsel for the State submitted that the said disputes were private in nature. However, he submitted that State has some formal 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 entire proceeding of Criminal Case No.5353 of 2021, “State vs. Krishna”, pending before the Additional Chief Judicial Magistrate (Railway), Haldwani, District Nainital, are quashed.

Resultantly, the entire proceeding of Criminal Case No.5353 of 2021, “State vs. Krishna”, pending before the Additional Chief Judicial Magistrate (Railway), Haldwani, District Nainital, are quashed.

The Criminal Misc. Application (No.1145 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.