AI Structured Summary
Not yet generated for this judgment
Judgment
Hon’ble Siddhartha Sah, J.
Ms. Prabha Naithani, learned counsel for the applicants.
Mr. Vipul Painuli, learned AGA for the State.
Mr. Shankar Aggarwal and Mr. Ashish Aggarwal, learned counsel for the private respondent.
Applicant No. 1 Rahul Pharasi, Applicant No. 2 Nitesh Sharma, and Applicant No. 3 Manav Sharma, present in person, duly identified by their learned counsel.
Respondent No. 2 Mr. Nishu Rawat @ Tejaswi Rawat and injured Arjun Singh Rawat, present in person, duly identified by their counsel.
By means of the Criminal Misc. Application, the applicants seek to quash the impugned charge sheet dated 18.2.2022, summoning order dated 14.6.2022, and the entire proceedings of Criminal Case No. 4331/2022 (Crime No. 200/2021), State Vs. Rahul Pharasi & Others, under Sections 323, 504, and 506 I.P.C., Police Station Rajpur, District Dehradun, pending before the Additional Chief Judicial Magistrate.
During the pendency of the instant Criminal Miscellaneous Application, the parties have entered into a settlement.
Compounding Application (I.A. No. 1 of 2026) has been filed seeking permission to compound the offences. An affidavit has been filed in support of the compounding application by Applicant No. 1 Rahul Pharasi, Applicant No. 2 Nitesh Sharma, and Applicant No. 3 Manav Sharma. An affidavit in support of the compounding application has also been filed on behalf of Respondent No. 2 Nishu Rawat @ Tejaswi Rawat and the injured Mr. Arjun Singh Rawat.
On interaction with Respondent No. 2 Mr. Nishu Rawat @ Tejaswi Rawat, he states that the matter has been settled between the parties and that he does not want to prosecute the applicants any further.
On interaction with the injured Mr. Arjun Singh Rawat, he also states that the matter has been settled with the applicants and that he is not desirous of prosecuting the applicants any further.
On interaction with Applicant No. 1 Rahul Pharasi, Applicant No. 2 Nitesh Sharma, and Applicant No. 3 Manav Sharma, they also state that the matter has been settled with the complainant and the injured, and therefore, their compounding application may be allowed.
Learned AGA for the State submits that the offences are compoundable, and since the parties have already settled their dispute amicably, there is no objection on this score on the part of the State.
After interacting with the parties and hearing the learned counsel for the parties, it is evident that the dispute between the parties is personal in nature, and the parties have already settled their dispute amicably. Respondent No. 2 and the injured do not wish to prosecute the applicants any further. Therefore, permitting the matter to go to trial would be a futile exercise. Hence, the compounding application deserves to be allowed, and it is accordingly allowed.
As a consequence thereof, the impugned charge sheet dated 18.2.2022, summoning order dated 14.6.2022, and the entire proceedings of Criminal Case No. 4331/2022 (Crime No. 200/2021), State Vs. Rahul Pharasi & Others, under Sections 323, 504, and 506 I.P.C., Police Station Rajpur, District Dehradun, pending before the Additional Chief Judicial Magistrate, are hereby quashed qua the present applicants only.
The present Criminal Misc. Application is disposed of accordingly.
Pending application, if any, stands disposed of accordingly.