Ravinder and Devanand vs State of Uttarakhand and Moti Ram

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have sought quashing of the proceedings of Criminal Case No. 667 of 2011, (old case No. 2597 of 2009) State v. Ravinder and Ors. relating to offences punishable u/s 419, 420, 467, 468 and 120B I.P.C., Police Station Kotwali Roorkee, pending in the court of Additional Chief Judicial Magistrate, Roorkee.

Learned Counsel for the parties stated that Petitioners and Respondent No. 2 are present in court. It is also stated that they have entered into compromise and land of the Respondent No. 2 has been given back to him. The Respondent No. 2 who is present in person in the court identified by his counsel, verified the fact that he had entered into compromise with the Petitioners and received back his property. He further told that he does not want to prosecute the Petitioners.

In the above circumstances, in view of principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , and impugned proceedings are liable to be quashed.

Accordingly, the petition u/s 482 of Code of Criminal Procedure, is allowed. The proceedings of Criminal Case No. 667 of 2011, (old case No. 2597 of 2009) State v. Ravinder and Ors. relating to offences punishable u/s 419, 420, 467, 468 and 120B I.P.C., Police Station Kotwali Roorkee, pending in the court of Additional Chief Judicial Magistrate, Roorkee, are hereby quashed. (Compounding Application No. 1054 of 2011 also stands disposed of).