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Judgment
Heard learned counsel for the parties.
The criminal misc. application has been filed by the applicant for setting aside the impugned charge sheet dated 27.05.2004 and entire proceedings of Criminal Case No. 387 of 2017, “State v. Pankaj Singh”, under Sections 467 & 468 of I.P.C., registered at P.S. Kashipur, District Udham Singh Nagar pending before the Court of 1st Additional Civil Judge (Junior Division)/ Judicial Magistrate, Kashipur, District Udham Singh Nagar.
Along with the application, joint compounding application has also been filed. In support of compounding application, affidavits have been filed by respondent no. 2 (Gulab Singh) and respondent no. 3 (Jitendra). It is stated in the affidavit that during the pendency of the trial one co-accused, namely, Julfikar Ali was died. It is also stated in the affidavit that parties have settled their dispute amicably and respondent nos. 2 & 3 does not want to prosecute the applicant.
Earlier, on 21.03.2018, parties were present in the Court and they were duly identified by their respective counsel. On that day, they stated that they have settled the dispute amicably and verified the contents of the compromise application.
It is prayed that the offences punishable under Sections 467 & 468 of I.P.C., registered at P.S. Kashipur, District Udham Singh Nagar may be compounded and the proceedings of Criminal Case No. 387 of 2017, “State v. Pankaj Singh”, under Sections 467 & 468 of I.P.C., registered at P.S. Kashipur, District Udham Singh Nagar pending before Court of 1st Additional Civil Judge (Junior Division)/ Judicial Magistrate, Kashipur, District Udham Singh Nagar may be quashed.
Learned State Counsel submitted that aforesaid sections are compoundable.
In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them.
Having considered submission of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.
Accordingly, the criminal misc. application is allowed. Proceedings of Criminal Case No. 387 of 2017, “State v. Pankaj Singh”, under Sections 467 & 468 of I.P.C., registered at P.S. Kashipur, District Udham Singh Nagar pending before the Court of 1st Additional Civil Judge (Junior Division)/ Judicial Magistrate, Kashipur, District Udham Singh Nagar, is hereby quashed.
Compounding application is, accordingly, disposed of.