Trilok Singh v. State of Uttarakhand

SL. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGES'S ORDERS

17.10.2023

C482 No. 1938 of 2023 Hon'ble Sharad Kumar Sharma, J. Mr. H.S. Rawal, Advocate, with Mr. Amit Kapri, Advocate, for the applicants. Mr. V.K. Gemini, Deputy Advocate General, for the State. Mr. Deep Prakash Bhatt, Advocate, for the respondent.

In the instant C482 Application, a prayer has been sought for quashing the entire proceedings of Special Sessions Trial No. 9 of 2021, State Vs. Trilok Singh and others, whereby the present applicants have been summoned to be tried for the offence under Sections 147, 323, 325, 341 of IPC and Section 3(1)(X) of the SC/ST Act. The complainant respondent No. 2, had registered an FIR, being FIR No. 18 of 2020 dated 26.12.2020, with regard to an incident, which had chanced on 25.12.2020, whereby the present applicants were alleged to have assaulted the complainant respondent No. 2, due to which he had suffered certain minor injuries, as would be apparent from the medical report, which has been submitted by the Doctor on 25.12.2020. The nature of injuries were found to be simple in nature and because of that reason, a Chargesheet, being Chargesheet No. 5 of 2021 dated 17.02.2021, was submitted, and cognizance has been taken by the learned Court of Special Sessions Judge, Pithoragarh, for trying the present applicants for their alleged involvement in commission of offence under Sections 147, 323, 325, 341 of IPC and Section 3(1)(X) of the SC/ST Act, in which they have been summoned by an order dated 02.03.2021. The aforesaid offences are being sought to be compounded on the basis of the compromise, which has been entered into between the parties, which has been placed on record (Annexure 5 to the C482 Application), which has been duly signed by all the parties and they have agreed to settle their disputes as per the terms and conditions given therein. The compromise has been duly signed by all the parties, coupled with the fact, that the parties and the complainant are present in person before this Court. The complainant and the accused, have unanimously supported the Compounding Application and the terms given therein. Looking to the terms of the Compounding Application, the instant C482 Application would stand disposed of and as a consequence thereto, the proceedings of Special Sessions Trial No. 9 of 2021, State Vs. Trilok Singh and others, pending consideration before the Court of Special Sessions Judge, Pithoragarh, District Pithoragarh would hereby stand quashed, subject to the following conditions:-

"1. That the applicant Nos. 1 to 5, would be planting 2 trees, each, in the District Judgeship of Pithoragarh, to be identified by the Horticulture Department which could survive under the climate conditions, of their District, at their own cost.

¶2The plantation of the trees would be made in the area, under the supervision of the Horticulture Department and would also be maintained thereafter by the Department.

¶3It is only upon the submission of the certificate of the planting of the 2 trees to be issued by the competent authority of the Horticulture Department, which has to be submitted before the competent Court ceased with the criminal proceedings, its then only the proceedings would be dropped, in compliance of the today's order passed in the present C482 Application.

¶4If the aforesaid compliance is not made within a period of one month from today, it will automatically result into the revival of the aforesaid criminal proceedings.

¶5If at any stage, any Officer of the Horticulture Department is found to have issued a fraudulent certificate, he would be criminally dealt with in accordance with law."

(Sharad Kumar Sharma, J.)

17.10.2023 Mahinder/