MADAN MOHAN JOSHI Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
Madan Mohan Joshi
State of Uttarakhand and another
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(1.) The applicant, by means of present Application under Section 482 Cr.P.C. seeks to quash the chargesheet and summoning order dated 09.02.2009 passed by the Chief Judicial Magistrate, Champawat in Criminal Case No.67 of 2009 titled as State vs. Madan Mohan Joshi under Sections 352, 353, 504 & 506 I.P.C. and Section 3(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) Respondent no.2-Smt. Nirmala Pant lodged an F.I.R. against the accused-applicant on 23.12.2008 at Police Station Champawat, which was registered as Case Crime No.478/2008 for the offences under Sections 352, 353, 504 & 506 I.P.C. and Section 3(X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After the investigation, a chargesheet was submitted against accused-applicant for the selfsame offences. The cognizance was taken by the court concerned and accused-applicant was summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by accused-applicant.
(3.) A Compounding Application (CRMA No.1258 of 2013) was filed before this Court by the parties on 26.08.2013. Learned counsel for the parties made a prayer that the proceedings of Criminal Case No.67 of 2009 titled as State vs. Madan Mohan Joshi pending in the court of Chief Judicial Magistrate, Champawat be quashed. Affidavits were filed by Smt. Nirmala Pant and Yogesh Nagniyal with the prayer that since they have entered into a compromise with the accused-applicant, and they do not wish to prosecute the accused-applicant, therefore, the proceedings initiated against the accused applicant be quashed.;
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