High CourtsSingle Bench(2011) 07 UK CK 0066

Shri Rajiv Airon and Shri O.P. Bhartia vs State of Uttarakhand

Uttarakhand High Court · Decided on 21 July 2011

HON’BLE JUDGES
Prafulla C. Pant, J
CASE NUMBER
CRMA No. 695 of 2011 in Criminal Miscellaneous Application (C482) No. 299 of 2011

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Judgment

4 paragraphs · 227 words

Prafulla C. Pant, J.—By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure) the Petitioners have sought quashing of the proceedings of criminal case No. 306 of 2010, State v. Mukul Aggarwal and Ors., relating to offences punishable u/s 406, 506 IPC, pending in the court of Chief Judicial Magistrate, Haridwar.

2.

Learned Counsel for the parties State that the complainant has entered into compromise with the Petitioners, and Respondent No. 3. A copy of compromise is annexed as Annex. 12 with other annexures to the affidavit filed with the petition.

3.

Today complainant Rahul Behal (Respondent No. 4) is present in person identified by his counsel. He verified the compromise, and stated that today he had received a draft No. 203554 dated 26.03.2011, for an amount of Rs. 13,59,397/-.

4.

In view of the principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , considering the nature of the offence, in the above circumstances, the petition u/s 482 Code of Criminal Procedure ., is allowed. Accordingly, the proceedings of criminal case No. 306 of 2010, State v. Mukul Aggarwal and Ors., relating to offences punishable u/s 406, 506 IPC, pending in the court of Chief Judicial Magistrate, Haridwar, are hereby quashed. (Stay application No. 695 of 2011, stands disposed of).