Chandan Srivastava vs State Of Uttarakhand And Others

Alok Kumar Verma, J

The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.1953 of 2021, “State vs. Chandan Srivastava”, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar under Sections 420, 467, 468 and Section 471 of the Indian Penal Code, 1860.

Heard Mr. Shailabh Pandey, learned counsel for the applicant-accused, Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent nos. 1 to 3 and Mr. Vikas Bahuguna, learned counsel for the respondent no.4/informant-victim.

According to the First Information Report dated 05.01.2020, the applicant is the Managing Director of M/S Ishaan Infrastates India Pvt. Ltd., a Real Estate Company. The informant had booked a plot for Rs.54,09,850/-(Rupees Fifty Four Lakh Nine Thousand Eight Hundred Fifty) and paid Rs.8,00,000/-(Rupees Eight Lakh) but the flat has not been constructed for the informant. His money has been embezzled.

Mr. Chandan Srivastava, the applicant-accused, is present through video conferencing. He is identified by Mr. Shailabh Pandey, Advocate. The respondent no.4-Tushar Jain-informant/victim, is present through video conferencing. He is identified by Mr. Vikas Bahuguna, Advocate.

Both, the applicant and the respondent no.4 submitted that they have settled their all the disputes including the present private dispute. They have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure.

The respondent no.4 has requested to quash the entire proceedings of the said Criminal Case No.1953 of 2021.

The said request has been opposed by the respondent nos.1 to 3 on the ground that the said offences are non-compoundable.

Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Criminal Case No.1953 of 2021, “State vs. Chandan Srivastava”, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are quashed.

Resultantly, the present Application, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed and the entire proceedings of Criminal Case No.1953 of 2021, “State vs. Chandan Srivastava”, pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar, are hereby quashed.