Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGES’S ORDERS
2025:UHC:4615
IA No.03 of 2025 (Compromise Application) In C482 No.1086 of 2019 Hon’ble Ashish Naithani, J.
Mr. Lokendra Dobhal, learned counsel for the applicant.
2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand.
3. Mr. Pawan Sanwal, learned counsel for respondent no.2.
4. The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the cognizance
order dated 15.06.2018 and the entire proceedings of Criminal Case No.5348 of 2018, “State Vs. Ganpati Singh Rawat”, under Section 67 of Information Technology Act, 2000, pending in the court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
5. Along with C482 application, a compromise application has been signed by the parties and has been filed, which is duly supported by separate affidavits of applicant and private respondent no.2. Applicant and private respondent are present before this Court through VC, who are identified by their respective counsels.
6.
Learned counsel for the parties have filed their respective affidavits along with the compromise application stating therein that they do not want to pursue the present criminal case any further and a settlement has reached between them.
7. Heard learned counsel for the parties and perused the
material available on record.
8. 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 between the parties amicably and parties are interested to restore peace and harmony between them.
9. 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.5348 of 2018, “State Vs. Ganpati Singh Rawat”, under Section 67 of Information Technology Act, 2000, pending in the court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed.
10. In view of the above, the compromise application is allowed. The entire proceedings of Criminal Case No.5348 of 2018, “State Vs. Ganpati Singh Rawat”, under Section 67 of Information Technology Act, 2000, pending in the court of learned Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed
11. The Criminal Miscellaneous Application, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
(Ashish Naithani, J)
06.06.2025 Nitesh/