Vikas Narang v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

C482 No. 1854 of 2023 With IA No. 1 of 2023 Hon'ble Sharad Kumar Sharma, J.

Mr. Basant Singh, Advocate, on behalf of Mr. Harshpal Sekhon, Advocate, for the applicants.

Mr. Sudhir Sharma, Brief Holder, for the State of Uttarakhand.

Mr. Jasmeet Sahota, Advocate, for private respondents.

The complainant / respondent No.2 is present in person. On 3rd March, 2020, he has registered an FIR, being FIR No. 67 of 2020, by naming the accused persons, the applicants herein, for their involvement in commission of offences under Sections 147, 148, 149, 323, 325, 352, 452, 504 and 506 of the IPC.

The matter was investigated upon, and upon culmination of the investigation, chargesheet, being Chargesheet No.213 of 2020 dated 26th August, 2020, was submitted by the Investigating Officer, on which, the cognizance has been taken by the Court of Addl. Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, resulting into the registration of Criminal Case No. 2318 of 2021, State Vs. Vikas Narang and others, whereby, the present applicants have been summoned to be tried for the offences as referred to hereinabove.

In the C482 Application, apart from the fact, that the terms of settlement has been referred to therein, which is primarily based upon the ground, that since both the rival factions, they belonged to the same family, they have ultimately resolved to settle their dispute in terms of the Compounding Application, particularly a reference has been made in para 7 and 8 of the C-482 Application to be read with para 3 of the Compounding Application.

The parties who are present in persons, have been duly identified by their respective counsels, and this Court has particularly interacted with the

complainant, Mr. Suresh Kumar, and he has made a statement, that owing to the settlement, which has been arrived at, and particularly from the perspective to maintain the harmony between the parties, the parties have entered into a settlement as referred to in the Compounding Application, which has been duly signed by both the parties, as well as contents of which stand duly verified by their respective counsel.

This Court had called upon the Government Advocate, to derive their version pertaining to the Compounding Application, and he has submitted, that since all the offences are compoundable under Section 320 of the Cr.P.C, they may not be having any serious objection as such, in case, if the offences are permitted to be compounded by this Court.

Considering the grounds taken in the Compounding Application, and the statement made by the parties before this Court for composition of the aforesaid offences based on the grounds mentioned in the C-482 Application, as well as in the Compounding Application, the C-482 Application would stand dropped, and as a consequence thereto, the proceedings of Criminal Case No. 2318 of 2021, State Vs. Vikas Narang and others, pending consideration before the Court of Addl. Chief Judicial Magistrate, Rudrapur, District Haridwar, would hereby stand quashed.

(Sharad Kumar Sharma, J.) Dated 18.09.2023 Shiv