VED PRAKASH Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the charge sheet, contained as Annexure 2 and summoning order dated 16.07.2014, contained as Annexure no. 3, to the present petition.

(2.) Respondent no. 2 lodged an FIR against the applicant on 07.01.2014 in respect of offences punishable under Sections 420, 177 IPC and Section 30 of Arms Act, alleging therein, that the applicant has obtained arms licence fraudulently. After the investigation, charge sheet was submitted against the applicant for the selfsame offences and applicant was summoned to face the trial, which charge sheet and summoning order are under challenge in present application under Section 482 Cr.P.C.

(3.) As per FIR, information was sought from the applicant in respect of issuance of arms licence to him. Applicant applied for such licence in the year 2006. It is alleged in the FIR that the applicant has supplied wrong information in Schedule III Form A. As per FIR, applicant was convicted under Sections 147, 323, 506 IPC by learned Addl. Chief Judicial Magistrate III, Dehradun and was directed to pay a fine of Rs. 500/- only. Thereafter, a compromise was filed between the parties in another case crime relating to offences punishable under Section 323, 504, 506 IPC. According to informant / respondent no. 2, the 'compromise' comes under the definition of 'conviction'. Applicant has obtained the arms licence on the basis of wrong facts and, therefore, the criminal law was set into motion against him.