Sahid, Yusuf and Shamim vs State of Uttarakhand and Noor Alam

Prafulla C. Pant, J.—Complainant Noor Alam is present in person before this Court, identified by his counsel.

Heard learned Counsel for the parties.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioners have sought quashing of the proceedings of Criminal Case No. 141 of 2010, State v. Sahid and others, relating to offences punishable u/s 420, 467, 468, 471 of I.P.C., pending in the court of Civil Judge (Junior Division) / Judicial Magistrate, Laksar, Haridwar.

Learned Counsel for the parties state that parties to the litigation have already entered into compromise. A Compounding Application No. 191 of 2011, has been moved jointly on behalf of the Petitioners and Respondent No. 2 (complainant), supported by affidavit. The complainant Noor Alam, identified by his counsel, verified the fact and stated that he does not want to prosecute the Petitioners.

In view of principle of law laid down in Nikhil Merchant v. C.B.I. and Anr. (2008) 9 Supreme Court Cases 677, and the fact that the parties have entered into compromise in a property related dispute, the petition u/s 482 of Cr.P.C., deserves to be allowed.

Accordingly, the petition u/s 482 of Code of Criminal Procedure is allowed. The proceedings of Criminal Case No. 141 of 2010, State v. Sahid and others, relating to offences punishable u/s 420, 467, 468, 471 of I.P.C., police station Laksar, pending in the court of Civil Judge (Junior Division) / Judicial Magistrate, Laksar, District Haridwar, are hereby quashed.

(Compounding Application No. 191 of 2011 stands disposed of).