SATYAPAL MALIK Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-62
HIGH COURT OF UTTARAKHAND
Decided on May 02,2012

Satyapal Malik Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 ( for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case no. 1371 of 2011 (arisen out of crime no. 113 of 2010) State vs. Satyapal Malik and another, relating to offences punishable under section 454, 380, 411, 427, 506 IPC, Police Station Kankhal, pending in the court of Additional Chief Judicial Magistrate, Hardwar.
(2.) LEARNED counsel for the petitioners and learned counsel for respondent no. 2 state that parties have entered into compromise and the respondent no. 2 Kailash Kumar Bajaj (complainant) does not want to prosecute the petitioners. It is further submitted that there was a property dispute between the parties which has been amicably settled. Shri Kailash Kumar Bajaj (respondent no. 2/complainant) identified by his counsel is present in Court. He verified the fact that after compromise he does not want to prosecute the petitioners.
(3.) IN the above circumstances, in view of principle of law laid down in Nikhil Merchant vs. C.B.I., (2008) 9SCC page 677, the petition deserves to be allowed. Therefore, the petition under section 482 Cr.P.C., is allowed. the proceedings of criminal case no. 1371 of 2011 (arisen out of crime no. 113 of 2010) State vs. Satyapal Malik and another, relating to offences punishable under section 454, 380, 411, 427, 506 IPC, Police Station Kankhal, pending in the court of Additional Chief Judicial Magistrate, Hardwar, are hereby quashed. (Compounding application no. 477 of 2012, also stands disposed of).;


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