A K JHA AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
A K Jha And Others
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 applicants seek to quash the cognizance order dated 30.10.2009, in case no. 3344 of 2009, State vs Dr. A.S. Tiwari and others, under Sections 420, 504 of IPC, as well as the charge-sheet dated 27.10.2009, filed against the accused-applicants, under Sections 420, 323, 504, 506 of IPC, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.
(2.) Informant-Respondent no. 2 lodged an FIR against the accused-applicants on 11.08.2009, in police station Gangnahar, Roorkee, for the offences punishable under Sections 420, 323, 504, 506 of IPC. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. Cognizance was taken on said charge-sheet and the accused-applicants were summoned to face the trial. Aggrieved against the same, the accused-applicants moved this application under Section 482 of Cr.P.C.
(3.) A compounding application CRMA No. 281 of 2013 is filed by the parties to indicate that they have settled their disputes amicably and have buried their differences. A joint compromise is also filed by the parties. Permission is sought by informant-respondent no. 2 to permit him to compound the offences complained of against the accused-applicants, in as much as the dispute has been settled amicably between the parties. It is further stated that informant-respondent no. 2 does not want to proceed with the criminal proceedings against the first party i.e. the applicants. An affidavit to this effect is filed by applicant no. 1. Affidavit is also filed by the informant-respondent no. 2 Amit Tyagi to affirm the contents of compounding application. Amit Tyagi has deposed in paragraph no. 2 of the affidavit that a compromise has taken place between the parties and the matter has been settled amicably between them. It is also indicated in paragraph no. 4 of the affidavit that the allegations levelled by the informant-complainant relate to his personal loss and, therefore, present case falls under the purview of Nikhil Merchant's case.;
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