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Om Prakash vs State of Uttarakhand and Kamaldeep Garg

Uttarakhand High Court · Decided on 5 July 2011 · Citation: (2011) 07 UK CK 0185

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 410 of 2011 and Stay Application No. 470 of 2011
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Judgment

6 paragraphs · 357 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has sought quashing of the proceedings of Criminal Case No. 93 of 2009, State v. Om Prakash relating to offences punishable u/s 420, 467, 468, 471, I.P.C., Police Station Jwalapur, pending in the court of IV Additional Civil Judge (Junior Division)/ Judicial Magistrate, Hardwar.

3.

Learned Counsel for the Petitioner, and learned Counsel for the Respondent No. 2 stated that parties have entered into compromise. It is further submitted on their behalf that it was a property dispute between the parties due to which the First Information Report (Crime No 169 of 2002) was registered at police station Jwalapur, in respect of offences punishable u/s 420, 467, 468, 471, I.P.C with regard to which ultimately charge sheet was filed.

4.

Attention of this Court is drawn to theorder dated 21.03.2011, passed by Punjab and Haryana High Court in Criminal Misc. No. M1163 of 2011 which shows that the Petitioner and the complainant have entered into compromise in respect of litigations pending between them in District Patiala and SAS Nagar.

5.

A counter affidavit has been filed on behalf of the Respondent No. 2 before this Court verifying the compromise and it is stated that the Respondent No. 2 has no objection if the impugned proceedings are quashed.

6.

In view of the principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , since the dispute between the parties is a property dispute and the same has been amicably settled by entering into compromise, this petition u/s 482 of Code of Criminal Procedure., deserves to be allowed. Therefore, the petition u/s 482 of Code of Criminal Procedure., is allowed. The Proceedings of Criminal Case No. 93 of 2009, (old No. 390 of 2004 and 405 of 2004) State v. Om Prakash relating to offences punishable u/s 420, 467, 468, 471, I.P.C., Police Station Jwalapur, pending in the court of IV Additional Civil Judge (Junior Division)/ Judicial Magistrate, Hardwar. are here by quashed. (Stay Application No. 470 of 2011 stands disposed of).