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2025 DAILYLAW 8127 (UTT)

PRABHAT NARAYAN SINGH v. STATE OF UTTARAKHAND

C482/972/2019 · 2025-03-21

Ashish Naithani

body2025

Judgment text

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2025:UHC:2067 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SHRI JUSTICE ASHISH NAITHANI 21st MARCH, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 972 of 2019 Prabhat Narayan Singh .…Applicant Vs. State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Abhishek Verma, Advocate through video conferencing. Counsel for the State : Mr. Pramod Tiwari, Brief Holder. Counsel for the Respondent : Mr. Dharmendra, no.2 Barthwal, Advocate. Hon’ble Ashish Naithani, J. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge-sheet, summoning order and the entire proceedings of Criminal Case No. 785 of 2019 (Case Crime No. 19 of 2018), “State vs. Prabhat Narayan Singh” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 2025:UHC:2067 2 2. Subsequent to the submission of the charge- sheet, learned Trial Court took the cognizance and passed the summoning order against the applicant-accused person for the offence under Sections 323, 504 and 506 of the Indian Penal Code, 1860. 3. Along with C-482 Application, a joint Compounding Application (IA No. 02 of 2024) has been signed and filed by the parties, which is duly supported by separate affidavits of applicant and respondent no.2 – complaint. 4. Shri Prabhat Narayan Singh- applicant no.1 is present through video conferencing and he is duly identified by Mr. Abhishek Verma, Advocate. 5. Smt. Renu Singh- respondent no. 2 is present through video conferencing and she is identified by Mr. Dharmendra Barthawal, Advocate. 6. Heard learned counsel for the parties and perused the material available on record. 7. The Court also had an interaction with Smt. Renu Singh, respondent no. 2 about the compromise, to which, she fairly conceded that she has no objection if compounding application is allowed. 2025:UHC:2067 3 8. Respondent no. 2 also submitted that she does not want to proceed with the said Criminal Case. She further submitted that there were private disputes between them and the said disputes have been resolved, therefore, a joint compounding application has been filed along with affidavits with free will and without any pressure. 9. The respondent no. 2 requested to quash the entire proceedings of the said Criminal Case No. 785 of 2019 (Case Crime No. 19 of 2018), “State vs. Prabhat Narayan Singh” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun. 10. Per contra, learned State Counsel has formally objected to the offences made out in the present case. 11. 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 2025:UHC:2067 4 between the parties amicably and parties are interested to restore peace and harmony between them. 12. 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. 785 of 2019 (Case Crime No. 19 of 2018), “State vs. Prabhat Narayan Singh” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun, are quashed. 13. Resultantly, the entire proceedings of entire proceedings of Criminal Case No. 785 of 2019 (Case Crime No. 19 of 2018), “State vs. Prabhat Narayan Singh” under Sections 323, 504 and 506 of the Indian Penal Code, 1860, registered at Police Station Mussoorie District Dehradun, pending before the Court of learned Chief Judicial Magistrate, Dehradun are hereby quashed. 14. The Criminal Miscellaneous Application No. 972 of 2019, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly. ___________________ ASHISH NAITHANI, J. Dt: 21st March, 2025 Shiksha