LAWS(UTN)-2018-5-42

KAVITA SHAHI Vs. STATE OF UTTARAKHAND & OTHERS

Decided On May 04, 2018
Kavita Shahi Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) Present criminal misc. application under section 482 has been filed by the applicant with the prayer to quash and set aside the charge sheet dated 07.09.2016 and summoning order dated 24.09.2016 passed by the learned Additional Chief Judicial Magistrate, Haldwani, Nainital in Criminal Case No.5014 of 2016 (F.I.R. No.134 of 2015), "State Vs. Kavita Shahi" under Sections 416, 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Haldwani, District Nainital pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital on the ground that the dispute has been amicably settled between the parties and the offence has been compounded. Alongwith the criminal misc. application, joint compromise affidavit has been filed. In support of compounding application, compromise affidavit has been filed by the applicant-Smt. Kavita Shahi and respondent no.2-Smt. Neema Pathaniya. In the affidavits, it is stated by the respondent no.2 that dispute between her and applicant has been settled and she has no grievance remain from applicant, as such the matter between the respondent no.2 and the applicant has been settled amicably and the respondent no.2 does not wish to carry the criminal litigation against the applicant.

(2.) It is prayed that the entire proceedings of Criminal Case No.5014 of 2016 (F.I.R. No.134 of 2015) pending in the court of Additional Chief Judicial Magistrate, Haldwani, Nainital may be quashed.

(3.) Parties are present in the Court today and they are duly identified by their respective counsel. They admit the compromise.