Uttarakhand High Court
C482/915/2020 of SHAILENDRA KUMAR SINGH Vs STATE OF UTTARAKHAND on 31 December 2020
of 2020 With CRMA No. 4700/2020 (Compounding Application) Hon’ble N.S. Dhanik, J. (Via Video Conferencing) Mr. Gaurav Singh, learned counsel for the applicant. Mr. T.C. Aggarwal, learned Deputy Advocate General along with Mr. Sachin Panwar and Mrs. Sonika Khulbe, learned Brief Holders for
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C482 No. 915 of 2020
With CRMA No. 4700/2020 (Compounding Application) Hon’ble N.S. Dhanik, J.
(Via Video Conferencing)
Mr. Gaurav Singh, learned counsel for the applicant.
Mr. T.C. Aggarwal, learned Deputy Advocate General along with Mr. Sachin Panwar and Mrs. Sonika Khulbe, learned Brief Holders for the State.
Mr. Nagesh Aggarwal, learned counsel for respondent no. 2.
Heard learned counsel for the parties.
This criminal misc. application has been filed by the applicant to quash the summoning order dated 31.07.2020 and the entire proceedings in Criminal Case No. 4720 of 2020, “State vs. Shailendra Kumar Singh”, qua the applicant pending in the Court of learned Chief Judicial Magistrate, Haridwar.
In the joint compounding application, duly supported by the affidavits of accused applicant and the respondent no. 2, it has been stated that parties have amicably settled their dispute and the respondent no. 2 do not want to prosecute the accused applicant.Accused applicant Shailendra Kumar Singh as well as the Smt. Kamlesh (respondent no. 2/ complainant) is present in the Court through Video Conferencing and they are duly identified by their respective Counsel and they admitted that they are entered into compromise.
Learned State Counsel conceded that the matter can be compounded.
In view of the above and considering the principle of law laid down by Hon’ble Apex Court in Nikhil Merchant v. C.B.I. & Ors, (2008) 9 SCC 677; B.S. Joshi v. State of Haryana & Anr reported in (2003) 4 SCC 675, and in Gian Singh v. State of Punjab & Another, (2012) 10 SCC 303, the compounding application is allowed. Compromise arrived at between the parties is accepted. Consequently, the entire proceedings of Criminal Case No. 4720 of 2020, “State vs. Shailendra Kumar Singh”, pending in the Court of learned Chief Judicial Magistrate, Haridwar, qua the applicant are hereby quashed.
The C-482 application is, accordingly, disposed of.
(N.S. Dhanik, J.)
31.12.2020