Nadeem vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant-accused Nadeem has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the Charge-sheet No. 235 of 2018, cognizance and summoning order dated 02.05.2019 and the entire proceedings of Criminal Case No. 217 of 2019, pending before the Court of Judicial Magistrate/Civil Judge (Junior Division), Jaspur, District Udham Singh Nagar.

The case of the prosecution is that Mr. Manmohan Deep, the informant, had purchased a Bullet motorcycle from the applicant-accused in the month of June, 2017. While purchasing the said motorcycle, he had given Rs. 60,000/- to the applicant-accused. Later, he came to know that the said motorcycle was stolen property.

Subsequent to the submission of charge-sheet, learned Magistrate took cognizance and passed the impugned summoning order against the applicant-accused under Section 420 and Section 468 of the Indian Penal Code, 1860.

Applicant-accused Nadeem is present in-person before the Court. He is duly identified by Mr. Mohd. Matlub, Advocate.

Informant-Manmohan Deep is present in-person before the Court. He is duly identified by Mr. Amar Nath Sharma, Advocate.

Mr. Mohd. Matlub, learned counsel for the applicant, Mr. Saurabh Pandey, learned Brief Holder for the State and Mr. Amar Nath Sharma, learned counsel for the respondent no. 2/informant.

Both, the applicant and the respondent no. 2, have filed a Compounding Application (IA No. 1 of 2023) along with their affidavits.

Both, the respondent no. 2 and the applicant submitted that they have resolved their disputes and after resolving their disputes, they are living in peace and harmony. They further submitted that they have filed their affidavits with their free will and without any pressure.

Mr. Saurabh Pandey, learned Brief Holder appearing for the State, submitted that the respondent no. 2 and the applicant have revolved their private disputes, therefore, the State has no objection.

Both the parties are living in peace and harmony. In the facts and circumstances of the case, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a fit case, in which, the inherent jurisdiction of this Court should be exercised to do real and substantial justice.

Resultantly, the present Application (Criminal Miscellaneous Application No. 2133 of 2023) is allowed. The Charge-Sheet No. 235 of 2018, cognizance/summoning order dated 02.05.2019 and the entire proceedings of Criminal Case No. 217 of 2019, pending before the Court of Judicial Magistrate/Civil Judge (Junior Division), Jaspur, District Udham Singh Nagar, are quashed.