SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ramji vs State Of Uttarakhand And Another on 8 March, 2018

C482 No. 377 of 2018
Hon’ble V.K. Bist, J.

Mr. D.N. Sharma, Advocate for the
applicant.

Mr. S.S. Adhikari, Assistant
Government Advocate with Mr. P.S.
Uniyal, Brief Holder for the State of
Uttarakhand.

Mr. Mohit Kumar Advocate for
respondent no. 2.

Heard learned counsel for the
parties.

This criminal misc. application
has been filed by the applicant for
quashing the entire proceedings of
Criminal Case No. 1293 of 2012,
relating to the offence punishable under
Section 354 I.P.C., pending in the Court
of IInd Additional Civil Judge (Junior
Division)/ Judicial Magistrate, Udham
Singh Nagar on the basis of
compromise arrived between the
parties. Along with joint compounding
application (CRMA No.370 of 2018) has
been filed. In support of compounding
application, an affidavit has been filed
by Mr. Ramji (applicant) and another by
Mr. Netrapal (respondent no.2). It has
been submitted that the applicant and
the respondent no.2 have settled the
dispute amicably and there is no
grievance remained between each other
anymore and they are prepared to
compound the offences.

Applicant, respondent no.2 and
the victim are present in the Court
today and they are identified by their
counsel.

In view of the principle of law laid
down by Hon’ble 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.

Having considered submission of
learned counsel for the parties, and
after going through entire material
available on record, I am satisfied that
the matter has been settled between the
parties amicably. Therefore, this
criminal misc. application deserves to
be allowed.

Accordingly, the criminal misc.
application is allowed. Proceedings of
Criminal Case No.1293 of 2012, relating
to the offence punishable under Section
354 I.P.C., pending in the Court of IInd
Additional Civil Judge (Junior
Division)/ Judicial Magistrate, Udham
Singh Nagar, are hereby quashed.

Compounding application is,
accordingly, disposed of.

(V.K. Bist, J.)
Arpan 08.03.2018

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation