Partly allowed

Kamal Singh Chauhan and Ors. v. Sri Arjun Singh

Uttarakhand HC30 Oct 2013C482/642/2010

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed a criminal miscellaneous application under Section 482 Cr.P.C. to quash the summoning order and entire criminal proceedings. The court found the disputes were settled amicably outside the court, permitting the complainant to compound the offences in the interest of justice.

What did the court decide?

Summoning order dated 30.08.2007 and entire proceedings of Complaint Case No.9458/2009 are hereby quashed qua applicants.

Kamal Singh Chauhan and Ors. Vs Sri Arjun Singh — Quashing and FIR | Uttarakhand HC (2013)

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HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No.642 of 2010

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Lt. Comm. (retired) Kamal Singh Chauhan & others … Applicants Vs. Sri Arjun Singh … Respondent

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Mr. Ramji Srivastava, Advocate for the applicants. Mr. Sandeep Tandon, Advocate with Ms. Deepa Arya, Advocate for the respondent.

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Hon’ble U. C. Dhyani, J. (Oral)

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Applicants, by means of present Application under Section 482 Cr.P.C. seek to quash the summoning order dated 30.08.2007 passed by the Special Judicial Magistrate-II, Dehradun. The applicants also seek to quash the entire proceedings of Complaint Case No.9458/2009 titled as Arjun Singh vs. Kamal Singh Chauhan & others, under Sections 452, 323, 504 & 506 IPC, pending in the court of Judicial Magistrate1^st , Dehradun.

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Complainant–respondent Arjun Singh filed a criminal complaint against the accused-applicants in the court of Chief Judicial Magistrate-II, Dehradun. After recording of statements under Sections 200 & 202 Cr.P.C., the applicants were summoned to face trial for the offences punishable under Sections 452, 323, 504 & 506 IPC, vide order dated 30.08.2007. Aggrieved against the same, the present application under Section 482 Cr.P.C. was preferred.

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Learned counsel for the complainant (respondent herein) makes a statement before this Court that the parties have settled their disputes amicably and the complainant does not wish to prosecute the applicants, in as much as, the dispute between them has been settled amicably outside the Court. Learned counsel for the respondent, therefore, prayed that the application under Section 482 Cr.P.C. be allowed and the proceedings of proceedings of Complaint Case No.9458/2009 titled as Arjun

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-2-

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Singh vs. Kamal Singh Chauhan & others pending in the court of Judicial Magistrate-1^st , Dehradun be quashed.

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Offences punishable under Sections 323, 504 & 506 I.P.C. are compoundable within the scheme of Section 320 Cr.P.C. Offence under Section 452 I.P.C. is non-compoundable offence within the scheme of Section 320 Cr.P.C., but the nature of such offence is not serious, so as to deny the permission to the complainant (affected person) to compound such offence in view of the pronouncement of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another (2013) 1 SCC (Cri) 160 .

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Since the complainant has buried all his differences against the applicants, therefore, he should be permitted to compound such offences against the applicants in the interest of justice.

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As a consequence thereof, application under Section 482 Cr.P.C. is allowed. Summoning order dated 30.08.2007 passed by the Special Judicial Magistrate-II, Dehradun and the entire proceedings of Complaint Case No.9458/2009 titled as Arjun Singh vs. Kamal Singh Chauhan & others pending in the court of Judicial Magistrate-1^st , Dehradun are hereby quashed qua applicants.

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Dated 30^th October, 2013

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Rawat

Kamal Singh Chauhan and Ors. v. Sri Arjun Singh

Case brief

What is this about?

What did the court decide?

Kamal Singh Chauhan and Ors. v. Sri Arjun Singh

Case brief

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