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Judgment
21 paragraphs · 389 wordsV.K. Bist J.
Present criminal misc. application under section 482 has been filed by the applicant for quashing the charge sheet no.132 of 2017 dated 18.07.2017
under Section 420 IPC in FIR dated 19.06.2017 lodged by opposite party no.2 (complainant) in case crime no.139 of 2017 under Section 420 IPC at
Police Station Raiwala Dehradun on the ground that the dispute has been amicably settled between the parties and the offence has been compounded.
Alongwith the criminal misc. application, compromise application has been filed. In support of compromise application, affidavits have been filed by
Mr. Varun Saini (applicant) and Mr. Amit Kumar Pandey (respondent no.2/complainant) in which it is stated that the applicant as well as respondent
no.2 have settled their dispute outside the Court and have entered into a compromise and the respondent no.2 does not want to pursue his case further
more against the applicant, as such the matter between the parties has been settled amicably. On 01.06.2018 parties appeared before this Court. They
were duly identified by their respective counsel. They admitted the compromise.
It is prayed that the entire proceedings of Case Crime No.139 of 2017 under Section 420 of IPC registered at Police Station Raiwala, Dehradun
may be quashed.
Learned Deputy Advocate General submits that matter can be compounded.
In view of the principle of law laid down by Hon’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC
303 as well as in Transfer Petition (Criminal) No.115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal
proceedings can be quashed by the Court, if Court is satisfied that matter has been settled between the parties amicably and parties are interested to
restore peace and harmony between them.
Having considered submissions of learned counsel for the parties, and after going through the entire material available on record, I am satisfied that
the matter has been settled between the parties amicably. Therefore, the criminal misc. application deserves to be allowed.
Accordingly, the criminal misc. application filed under section 482 is allowed. Entire proceedings of Case Crime No.139 of 2017 under Section 420
of IPC registered at Police Station Raiwala, Dehradun, so far same relates to the applicant, are hereby quashed.
Compounding application is, accordingly, disposed of.