KAMAL JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of present application, moved under Section 482 of Cr.P.C. the applicant seeks quash the summoning order dated 08.06.2018 as well as charge sheet dated 09.05.2018 and the entire proceedings of Criminal Case No.129A of 2018, under Sections 420, 468 and 471 of IPC, "State Vs. Kamal Joshi" pending in the Court of Civil Judge (J.D.)/ Judicial Magistrate, Jaspur, District-Udham Singh Nagar, arising out of FIR No.41 of 2018, under Section 420 of IPC registered at Police Station-Jaspur, District Udham Singh in terms of compromise arrived between the parties.

(2.) After perusal of the record, it would reveal that on 16.02.2018 at 15:35 p.m. respondent no.2, lodged FIR No. 41 of 2018, under Section 420 Cr.P.C. at Police Station- Jaspur, District-Udham Singh Nagra against Kuldeep Singh and Lakhvinder Singh with the allegation of cheating. The present applicant is not named in the FIR. During the course of investigation statement of complainant was recorded in which she disclosed the entire truth of the matter but nowhere mentioned the name of present applicant and further she made allegation against Gaurav. After completion of investigation charge sheet was filed but the present applicant was not chargesheeted. The police further investigated the matter and took statement of the complainant second time, in which she gave entirely contradictory statement and made allegation of bribing against the present applicant. Thereafter, charge sheet was filed against the present applicant under Sections 420, 468 and 471 of IPC.

(3.) The parties have filed Compounding Application (CRMA No.11481 of 2018) to show that the parties have buried their differences and have settled their disputes amicably.