HAR PAL SINGH AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-8-172
HIGH COURT OF UTTARAKHAND
Decided on August 22,2013

HAR PAL SINGH AND OTHERS Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) By way of present application / petition, moved under Section 482 of Cr.P.C., the applicants seek to quash the impugned charge-sheet submitted by the Investigating Officer in case crime no. 59 of 2004, under Sections 420, 467, 468, 406 of IPC, police station, Kotwali Roorkee, District Haridwar and cognizance order dated 20.10.2004, passed by learned Judicial Magistrate, Roorkee in criminal case no. 1700 of 2004, State vs Harpal Goswami and others, against the applicants.
(2.) Consequent upon filing of an FIR by respondent no. 2 against the accused-applicants on 20.03.2004, in police station, Kotwali Roorkee for the offences punishable under Sections 420, 467, 468, 406 of IPC, a charge-sheet was submitted against them for the selfsame offences. Cognizance was taken on the same and the accused persons were summoned to face the trial in respect of those offences. Aggrieved against 2 the same, an application under Section 482 of Cr.P.C. was moved before this Court, in which the parties submitted the affidavits, saying that they have entered into compromise. Thus, on the basis of compromise entered into between respondent no. 2 and the accusedapplicants, a direction was given to the trial court to decide the case expeditiously and without causing unnecessary delay, vide judgment and order dated 19.12.2007.
(3.) Although respondent no. 1 (State) is represented by learned AGA, none appeared for respondent no. 2 even today, despite personal service of notice upon him on 23.09.2009. No counter affidavit is filed on his behalf either. It is stated in paragraph no. 5 of the affidavit filed by applicant no. 1 that in spite of the direction given by this Court, respondent no. 2 is not adhering to the terms of compromise. Respondent no. 2 received the total amount of transaction from the applicants. The dispute is purely of civil nature and the allegations levelled in the FIR are false.;


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