Gaurav Jain vs State of Uttarakhand

Hon''ble 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 criminal complaint case no. 5019 of 2010, R.D. Gupta and others vs. Gaurav Jain, relating to offence punishable u/s 500 IPC, pending in the court of Special Judicial Magistrate, CBI, Dehradun.

Learned counsel for the petitioner and learned counsel for the complainant submitted that parties to litigation have already amicably settled their dispute outside the court, and the respondent no. 2 to 4 do not want to prosecute the petitioner Gaurav Jain.

Criminal miscellaneous application no. 214 of 2012, has been moved on behalf of the respondent nos. 2 to 4 supported by affidavit of R.D. Gupta in which the respondents (complainants) themselves have requested that in view of the compromise between the parties that the proceedings may be quashed. The offence punishable u/s 500 IPC, is compoundable in nature. In the above circumstances, the petition u/s 482 Cr.P.C., is allowed. Proceedings of criminal complaint case no. 5019 of 2010, R.D. Gupta and others vs. Gaurav Jain, relating to offence punishable u/s 500 IPC, pending in the court of Special Judicial Magistrate, CBI, Dehradun, are hereby quashed. (Miscellaneous application no. 214 of 2012 and stay vacation application no. 1207 of 2011, stand disposed of).