Allowed

Aashit Bala v. State of Uttarakhand

Uttarakhand HC1 Dec 2021C482/1225/2021

Case brief

AI extract

What is this about?

Aashit Bala sought quashing of criminal proceedings based on an amicable settlement. The High Court of Uttarakhand observed that parties had settled and were living in harmony. The application was allowed, and the charge sheet, summoning order, and all proceedings were quashed.

What did the court decide?

Quashed the charge sheet dated 06.09.2015, summoning order dated 23.11.2016, and all proceedings in Criminal Case No. 5206 of 2015.

Aashit Bala Vs State of Uttarakhand — Writ and Judicial Review | Uttarakhand HC (2021)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Criminal Misc. Application No. 1225 of 2021

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Aashit Bala and another ......Petitioners

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Versus

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State of Uttarakhand and another ….Respondents

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Present:

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Mr. Devendra Mehra, Advocate for the petitioner. Mr. Lalit Miglani, A.G.A. for the State. Mr. Vikas Kumar Guglani, Advocate, holding brief of Mr. Vikas Anand, Advocate for the respondent no.2.

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Hon’ble Ravindra Maithani, J.(Oral)

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Challenge in this petition is made to the charge sheet dated 06.09.2015, summoning order dated 23.11.2016 as well as the entire proceedings of Criminal Case No. 5206 of 2015, State Vs. Neeraj Kumar and others, pending in the court of Judicial Magistrate 1^st , Rudrapur, District Udham Singh Nagar (for short, “the case”) on the basis of amicable settlement between the parties.

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In the instant case, FIR was lodged by respondent no.2 Vikas Vishwas. According to it, on 12.08.2015, at 5:00 in the evening, the petitioners and another assaulted the informant and his wife by Lathi, Danda, kicks and fists. It is this FIR, in which, after

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investigation charge sheet has been submitted and cognizance taken. The informant has stated that his mother Kumudini Vishwas had died due to cardiac arrest.

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Now, parties have filed a joint Compounding Application No. 1 of 2021 along with affidavits of the petitioner no.1 Aashit Bala and the respondent no2. Vikas Vishwas.

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Heard learned counsel for the parties and perused the record.

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The petitioner no.1 is present in person before this Court, duly identified by his counsel Devendra Mehra. The respondent no.2 is also present in person before this Court duly identified by his counsel Mr. Vikas Kumar Guglani. Parties have stated that they have settled the dispute.

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In the instant case, the parties have settled the dispute amicably. They are neighbours and living in peace and harmony.

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Having considered all the attending factors, this Court is of the view that it is a case which may be

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decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

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The instant petition is allowed. The charge sheet dated 06.09.2015, summoning order dated 23.11.2016 as well as the entire proceedings of the case is hereby quashed.

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Compounding application stands disposed of accordingly.

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(Ravindra Maithani, J.) 01.12.2021

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Jitendra

Aashit Bala v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Aashit Bala v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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