Ravindra Arora vs State of Uttarakhand and Indresh Bhatia

Hon''ble Prafulla C. Pant, J.—Heard. 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. 775 of 2010, State vs. Indresh Bhatia, relating to offences punishable u/s 420, 467, 468, 471, and 120B I.P.C., Police Station Pauri, pending in the court of Additional Chief Judicial Magistrate, Kotdwar.

Learned counsel for the petitioner submitted that the petitioner (complainant) has entered into compromise with the respondent no.2 Indresh Bhatia (accused), and the complainant does not want to prosecute the respondent no.2. An Application No. 186 of 2012 has been moved along with the affidavit of the petitioner.

Petitioner Ravindra Arora identified by his counsel Shri Dharmendra Barthwal, Advocate, verified the fact that after the parties have amicably settled the dispute between them, he does not want to prosecute the respondent no.2 Indresh Bhatia.

In view of principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , since the dispute relating to the property between the parties has amicably been settled, the petition deserves to be allowed. Accordingly, the petition u/s 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 775 of 2010, State vs. Indresh Bhatia, relating to offences punishable u/s 420, 467, 468, 471, and 120B I.P.C., Police Station Pauri, pending in the court of Additional Chief Judicial Magistrate, Kotdwar, are here by quashed. (Compounding Application No. 186 of 2012 stands disposed of).