AVINASH SEMALTY Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
STATE OF UTTARAKHAND
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(1.) The applicants, by means of present Application under Section 482 Cr.P.C. seeks to quash the summoning order dated 26.06.208 passed by the Judicial Magistrate, Rishikesh in Misc. Criminal Case No.48 of 2008 titled as Ashok Kumar vs. Avinash Semalty & others, under Sections 147, 504, 506 IPC and Section 3(1)(iv)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Respondent no.2-Ashok Kumar filed an application under Section 156(3) Cr.P.C. before the Judicial Magistrate, Rishikesh against the accused-applicants. On the said application, the Judicial Magistrate directed the police to register and investigate the matter. After the investigation, a final report was submitted by the police. On filing a protest petition by respondent no.2, the same was treated as complaint case and the applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by accused-applicants.
(3.) Learned counsel for the parties stated that respondent no.2 and applicants have buried their differences and they have settled their disputes amicably outside the Court. Learned counsel for the respondent no.2 stated that respondent no.2 does not wish to prosecute the accused-applicants. He further stated that he has no objection, if the proceedings of criminal case against the accused-applicants pending in the court below are quashed.;
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