Ajay Singh Rawat vs State of Uttarakhand and Narendra Singh Bisht

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the Petitioner has sought quashing of the proceedings of, State v. Narendra Singh and Anr. criminal case No. 550 of 2010, pending in the court of Chief Judicial Magistrate, Pithoragarh, on the basis of the compromise between the parties.

Perusal of the Annex. 2 to the petition shows that accused (present Respondent No. 2)is facing charge of offences punishable u/s 406, 420 IPC. Certified copy of the affidavit dated 20.12.2010, is annexed as Annex. 3 to the petition with copy of the compounding application.

Offence punishable u/s 406 and 420 IPC, are compoundable with the permission of the court as provided in Section 320 Cr.P.C.. Apart from this, the Apex Court in Nikhilk Merchant v. C.B.I. AIR (2009) SC 428, has held that in the disputes relating to property, if the parties entered into compromise, the proceedings can be quashed. In the present case, the complainant himself has moved this petition u/s 482 Cr.P.C., seeking quashing of the proceedings against the accused Narendra Singh Bisht (Respondent No. 2). He (Ajay Singh Rawat) identified by his counsel is present in the court, and verified the fact that he does not want to prosecute Narendra Singh Bisht after he has received money back from the Respondent No. 2.

In the above circumstances, this petition u/s 482 Cr.P.C., is allowed. The proceedings of, State v. Narendra Singh and Anr. criminal case No. 550 of 2010, relating to offences punishable u/s 420, 406 IPC are hereby quashed, so far as the same relate to the Respondent No. 2 Narendra Singh Bisht. It is clarified that the proceedings as against the co-accused Ravi Kumar shall remain unaffected.