LAWS(UTN)-2019-7-41

KARNAIL SINGH Vs. STATE OF UTTARAKHAND

Decided On July 29, 2019
KARNAIL SINGH Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the entire proceedings of Session Trial No. 113 of 2017, under Sections 504 and 506 of IPC and Section 3(1)(X) of the S.C./S.T. Act, registered at P.S. Nanakmatta, District Udham Singh Nagar, pending in the Court of learned Special Session Judge, Rudrapur, District Udham Singh Nagar along with impugned summoning order dated 18.09.2013 passed by learned Judicial Magistrate, Khatima in Criminal Complaint Case No. 436 of 2013.

(2.) Present application under Section 482 of Cr.P.C. itself has been filed with the prayer to quash the summoning and further proceedings pending against the applicant on the basis of compromise entered into between the parties. Complainant-Hri Singh is present in person, duly identified by his counsel Mr. Deep Prakash Bhatt, Advocate. He says that he has buried his differences and has settled the dispute amicably with the applicant; he is no more interested in prosecuting the applicant and makes a prayer to permit him to compound the offences complained of against the accused applicant. Accused-applicant Karnail Singh is also present in person, duly identified by his counsel Mr. Pankaj Sharma, Advocate.

(3.) Learned counsel for the applicant drew the attention of this Court towards the ruling of Gian Singh vs. State of Punjab and another: (2013) 1 SCC (Cri) 160, in which Hon'ble Supreme Court observed as below: