Sanjeev Mehra vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The present applicant-accused, namely, Sanjeev Mehra 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. 774 of 2006, “State vs. Sanjeev Mehra and Another”, pending before the Court of Additional Chief Judicial Magistrate/ IInd Additional Civil Judge (Senior Division), Haridwar.

Subsequent to the submission of the charge sheet, the trial court took the cognizance and passed the summoning order under Sections 406, 420, 467, 468, 471, 120B and 34 of IPC against the present applicant – accused.

Heard Mr. Vivek Shukla, the learned counsel for the applicant, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. Ram Niwas Singh Rana, the learned counsel for the private respondent no.2.

The applicant-accused, namely, Sanjeev Mehra, aged about 68 years, is present in-person before this Court and he is identified by Mr. Vivek Shukla, Advocate.

The informant/victim, namely, Atul Mehra, aged about 61 years, is present in-person before this Court and he is identified by Mr. Ram Niwas Singh Rana, Advocate.

The respondent no. 2 and the applicant-accused submitted that they are real cousins and there were family disputes between them and they have resolved their family disputes. They further submitted that after resolving their disputes, they have filed a joint compounding application along with their affidavits.

The respondent no. 2 – Atul Mehra further submitted that he has filed his affidavit with his free will and without any pressure and he does not want to proceed with the said criminal case against the applicant-accused.

Mr. Pratiroop Pandey, the learned counsel for the State, has written on the back of the order sheet, “Considering the private nature of dispute and scarce chances of conviction, State has no objection if matter is compounded”.

Though, this Court normally be hesitant to quash the criminal case under Section 467, 468, 471 of IPC, it is noticed that the State has also no objection, and, it is admitted fact that there were private disputes between the real cousins, and, the said disputes have been resolved, and, after resolving their disputes, they are living in peace and harmony. In these circumstances, 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.

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. 774 of 2006, “State vs. Sanjeev Mehra and Another”, pending before the Court of Additional Chief Judicial Magistrate/ IInd Additional Civil Judge (Senior Division), Haridwar, are quashed, qua the applicant.

Resultantly, the entire proceedings of Criminal Case No. 774 of 2006, “State vs. Sanjeev Mehra and Another”, pending before the Court of Additional Chief Judicial Magistrate/ IInd Additional Civil Judge (Senior Division), Haridwar, are quashed, qua the applicant.

The Criminal Miscellaneous Application (No. 1331 of 2022), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.