KAMAL KISHORE SHARMA AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-106
HIGH COURT OF UTTARAKHAND
Decided on December 16,2013

Kamal Kishore Sharma And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants Kamal Kishore Sharma and Shivam Sharma, by means of present petition moved under Section 482 Cr. P.C., seek to quash the summoning order dated 19.11.2007 (annexure-7) passed by the Chief Judicial Magistrate, Haridwar, as well as the entire proceedings of Criminal Case No. 4204 of 2007, Ajay Kumar Tambadia vs. Om Prakash Kirtipal and others, under Sections 420, 467, 468, 471 and 120-B of IPC, pending before the said Court.
(2.) A private complaint case was filed by the complainant (respondent no. 2 herein) against three accused persons including the present applicants in the court of CJM, Haridwar. After recording of statement of the complainant under Section 200 Cr.P.C. and statements of the witnesses, namely, Subhash Chand, Babu Ram and Bhola Ram under Section 202 Cr.P.C., three accused persons including the applicants were summoned to face the trial for the offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC, vide order dated 19.11.2007 passed by the learned Chief Judicial Magistrate, Haridwar. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed by the applicants.
(3.) A Compounding Application being CRMA 1944 of 2013 is filed by the parties to show that they have buried their differences and have settled their disputes amicably. Complainant Ajai Kumar Tumbadia is present in the Court, and is identified by his Counsel Mr. Pankaj Miglani, Advocate. Applicant Kamal Kishore Sharma is also present in person, and is duly identified by his counsel Mr. Pawan Mishra, Advocate. Complainant Ajai Kumar Tumbadia stated that he is not interested to prosecute the accused persons. He also makes a prayer before the Court to grant him permission to compound the offences complained of against the applicants. Both Ajai Kumar Tumbadia and Kamal Kishore Sharma have filed their affidavits. The terms of settlement have also been brought on record as annexure -1 to the compounding application.;


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