Seema Paliwal And Another vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Applicants-accused persons, namely, Smt. Seema Paliwal and Ritesh Paliwal have 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. 2064 of 2020 (Old No. 4864 of 2013), “State of Uttarakhand vs. Ritesh Paliwal and Another”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Haridwar.

After completion of the investigation, charge-sheet was filed. Learned Trial Court took the cognizance and passed summoning order against the applicants-accused persons for the offence under Section 380 of the Indian Penal Code, 1860.

Heard Mr. Nagesh Agarwal, learned counsel for the applicants, Mr. T.C. Agarwal, learned Deputy Advocate General for the State and Mr. Bhupendra Singh Bisht, learned counsel for respondent no. 2.

Applicants-accused persons are present in-person before the Court and they are identified by Mr. Nagesh Agarwal, Advocate.

Respondent no. 2 – Vishal Sikhola, informant-victim is present in-person before the Court and he is identified by Mr. Bhupendra Singh Bisht, Advocate.

According to the First Information Report, on 2.10.2012, applicants had stolen the books (Bahiyan) from the house.

Both, respondent no. 2 and applicants submitted that they are close relatives and there were some private disputes between them. They have resolved their disputes and after resolving their disputes, they have filed a joint compounding application along with affidavits with their free will and without any pressure.

Respondent no. 2 further submitted that he does not want to proceed with the said criminal case.

Learned counsel for the State submitted that there were private disputes between the parties and they have resolved their disputes. Therefore, State has no objection.

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. 2064 of 2020 (Old No. 4864 of 2013), “State of Uttarakhand vs. Ritesh Paliwal and Another”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Haridwar, are quashed.

Resultantly, the entire proceedings of Criminal Case No. 2064 of 2020 (Old No. 4864 of 2013), “State of Uttarakhand vs. Ritesh Paliwal and Another”, pending before the Court of Judicial Magistrate/Ist Additional Civil Judge (Junior Division), Haridwar, are quashed.

The Criminal Miscellaneous Application (No. 574 of 2023), filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.