Lucky Chaudhary 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 proceedings of Criminal Case No. 275 of 2022, “State vs. Lucky Chaudhary”, pending before the Court of Judicial Magistrate, Dwarahat, District Almora.

After completion of the investigation, charge-sheet was filed. The trial court took the cognizance and passed the summoning order under Sections 324, 504 and 506 of IPC against the present applicant-accused.

Heard Mr. M.S. Pal, learned Senior Advocate assisted by Mr. Sachin, learned counsel for the applicant, Mr. V.S. Rathore, learned A.G.A. for the State and Mr. Manoj Bhatt, learned counsel for the respondent no. 3/ informant/victim.

The applicant-accused, Lucky Chaudhary is present in-person and he is identified by Mr. Sachin, Advocate.

The respondent no. 3 is present in-person and he is identified by Mr. Manoj Bhatt, Advocate.

The applicant and the respondent no. 3 submitted that they are neighbour and there were private disputes between them. They have resolved their disputes and after resolving their disputes they are living in peace and harmony.

The respondent no. 3 further submitted that they have filed a joint compounding application along with their affidavits with their free will and without any pressure, and, he does not want to proceed with the said criminal case against the applicant.

The learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes, therefore, the State has no objection.

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. 275 of 2022, “State vs. Lucky Chaudhary”, pending before the Court of Judicial Magistrate, Dwarahat, District Almora, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 275 of 2022, “State vs. Lucky Chaudhary”, pending before the Court of Judicial Magistrate, Dwarahat, District Almora, are quashed.

The Criminal Miscellaneous Application No.1338 of 2022, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.