Mohammed Taha Bin Asrar v State of Uttarakhand and another

Uttarakhand High Court 31 May 2013 Criminal Misc. Application No. 557 of 2013 The Order of the Court was as follows : 1. Petitioner Mohd. Taha Bin Asrar, petitioner is present, in person before this Court, duly identified by Mr. D.C.S. Rawat, learned counsel for the petitioner. 2. Mr. Rama Ashish Yadav, respondent no.2 is present, in person before this Court, duly identified by Mr. Mohinder Singh Bisht, learned counsel for the respondent no.2. 3. Parties present in person as well as their respective counsel contend that matter has been amicably settled between the parties, therefore, respondent no.2 is not interested in the prosecution of the petitioner, any more. 4. Charge-sheet in question was filed against respondent no.2 for the offence punishable under Sections 420, 120-B and Sections 45, 66 & 71 of Information and Technology Act at Police Station Karnprayag, District Chamoli. 5. Mr. M.A. Khan, learned AGA for the State, submits that in view of the dictum of the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in 2012 (1) SCC, 303 2013 Indlaw PNH 1250, criminal proceedings can be quashed in view of the amicable settlement between the parties to restore peace and harmony, if offence is not crime against the society. Mr. M.A. Khan, learned Brief Holder for the State, further submits that it is a personal dispute between the parties, therefore, quashing seems to be necessary. 6. Considering the totality of the facts and circumstances of the case, in my considered opinion, no useful purpose would be served in keeping criminal proceeding alive, therefore, in the end of justice, criminal proceedings are liable to be quashed pursuant to the amicable settlement between the parties. 7. Consequently, present petition is allowed. Entire criminal proceedings of criminal case no. 237 of 2013, State vs. Mohd. Azmal and others, under Sections 420, 120-B and Sections 45, 66 & 71 of the Information and Technology Act, pursuant to the charge-sheet in case crime no. 45 of 2012, pending before the Judicial Magistrate, Karnprayag, District Chamoli, is hereby quashed against the petitioner. CRMA No. 798 of 2013 stands disposed of, accordingly. Petition allowed