VINOD KUMAR Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicant / petitioner seeks to quash the charge sheet dated 19.02.2006 (Annexure-2 to the petition) and to quash the entire proceedings of Case No. 630 of 2013, State vs. Vinod, pending in the court of I Addl. Civil Judge (J.D.) / Judicial Magistrate, Dehrdaun on the basis of amicable settlement entered into between the parties.
(2.) An FIR was lodged by respondent no. 2 Rajneesh Mittal against Vinod Kumar (applicant) and Smt. Sarita in police station Kotwali, Dehradun on 01.12.2005 in respect of offences punishable under Sections 420, 342, 504, 506 of IPC. After completion of the investigation, a charge sheet was submitted against the applicant Vinod Kumar in respect of offences punishable under Sections 406, 342, 504, 506. Now the respondent no. 2 seeks permission to compound the offences complained of against the applicant.
(3.) It may be noted here that the offences punishable under Sections 406 and 506 of IPC are compoundable offences with the permission of the Court as provided under the scheme of Section 320 Cr.P.C. Offences punishable under Sections 342 and 504 of IPC are simply compoundable offences. Affidavits have been filed on behalf of the applicant (accused) and the informant (respondent no. 2) to this effect. Informant Rajneesh Mittal is present in person before the Court duly identified by his counsel Mr. K.S. Verma. Accused / applicant Vinod Kumar is also present in person before the Court duly identified by his counsel Mr. P.C. Petshali.;
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