Dushyant Kumar and others vs State of Uttarakhand and Savita Rani

Hon''ble Prafulla C. Pant, J.—Heard. By means of this petition, moved u/s 482 Cr.P.C., the petitioners have sought quashing of proceedings of Criminal Case No. 1391 of 2012 (Old No. 2950 of 2010/938 of 2011) State Vs. Smt. Anju and others, relating to offences punishable u/s 419, 420, 467, 468, 471, 120B of I.P.C., Police Station Bhagwanpur, District Haridwar, pending in the Court of Additional Civil Judge (Senior Division)/ Additional Chief Judicial Magistrate, Roorkee.

Learned counsel for the petitioners and learned counsel for the complainant stated before this court that parties have entered into compromise. A compounding application no. 461 of 2012 is filed supported by affidavits of Anju Tyagi and Savita Rani.

Smt. Savita Rani (respondent no. 2), the complainant of the case, identified by her counsel Mr. Mohd. Safdar, Advocate, is present in the court. She verified the fact that the property dispute between the parties has amicably been settled. And now she does not want to prosecute the petitioners.

In the above circumstances, in view of principle of law laid down in Nikhil Merchant Vs. C.B.I. (2008), 9 SCC page 677 this court is of the view that the petition deserves to be allowed. Therefore, the petition u/s 482 of Cr.P.C. is allowed. The impugned proceedings of criminal case no. 1391 of 2012 (Old no. 2950 of 2010/938 of 2011) State Vs. Smt. Anju and others relating to offence punishable u/s 419, 420, 467, 468, 471, 120B of I.P.C., Police Station-Bhagwanpur, pending in the court of Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Roorkee are hereby quashed (Compounding Application no. 461 of 2012 stands disposed of).