Mridul Alias Rinku Negi vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant-accused Mridul alias Rinku Negi has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings of Criminal Case No.2523 of 2020, “State vs. Mridul alias Rinku Negi”, pending before the court of Additional Chief Judicial Magistrate, Nainital.

After completion of investigation, charge-sheet was filed. Thereafter, the trial court took cognizance and passed the summoning order under Sections 323, 354, 452, 506 of I.P.C. against the present applicant-accused.

Heard Mrs. Monika Pant, the learned counsel for the applicant, Mr. V.S. Rathore, the learned A.G.A. for the State and Mr. Ajay Joshi, the learned counsel for the respondent no.2/informant/victim.

The applicant-Mridul alias Rinku Negi is present in-person before this Court. He is identified by Mrs. Monika Pant, Advocate.

The respondent no.2-Smt. Prabha Negi, informant/victim and Mr. Mahendra Singh Negi, the husband of the respondent no.2/victim are present in-person before this Court. They are identified by Mr. Ajay Joshi, Advocate.

The applicant, respondent no.2 and the husband of the respondent no.2 submitted that they are relatives. There were private disputes between them and they have resolved their private disputes. They are living in peace and harmony. They further submitted that they have filed a joint compounding application along with their affidavits with their free will and without any pressure.

The respondent no.2 and her husband further submitted that they do not want to proceed with the said criminal case against the present applicant-accused.

Mr. V.S. Rathore, the learned A.G.A. for the State, submitted that there were private disputes between the parties and they have resolved their private disputes, 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 entire proceedings of the Criminal Case No.2523 of 2020, “State vs. Mridul alias Rinku Negi”, pending before the court of Additional Chief Judicial Magistrate, Nainital, are quashed.

Resultantly, the entire proceedings of the Criminal Case No.2523 of 2020, “State vs. Mridul alias Rinku Negi”, pending before the court of Additional Chief Judicial Magistrate, Nainital, are quashed.

The Criminal Misc. Application (No.1295 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly.