ASHOK SHRIKANT GAIROLA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-55
HIGH COURT OF UTTARAKHAND
Decided on May 01,2012

Ashok Shrikant Gairola Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD . By means of this petition moved under section 482 of Cr.P.C., the petitioner has sought quashing of the proceedings of Criminal Case No. 5043 of 2010 State vs. Shrikant Ashok Gairola, relating to offences punishable under section 420, 406, 504 and 506 of I.P.C., Police Station Nehru Colony, pending in the court of Judicial Magistrate, Ist Dehradun.
(2.) LEARNED counsel for the petitioner, and learned counsel for the respondent no.2 Rohit Kapur (complainant) stated that parties have entered into compromise and the complainant does not want to prosecute the accused including the petitioner. Attention of this Court is drawn to copy of order dated 08.09.2010, passed by this Court in Criminal Misc. (C -482) No. 806 of 2010, whereby the proceedings of Criminal Case No. 3270 of 2010, have already been quashed as against co -accused Arun Gairola. Learned counsel for the petitioner, and learned counsel for the State submitted that the Criminal Case No. 5043 of 2010 is the new number to the Criminal Case No. 3270 of 2010, after its proceedings were quashed against one of the accused Arun Gairola. The said order dated 08.09.2010, passed by this Court also shows that the parties have entered into compromise and the complainant was not interested to prosecute the accused. Learned counsel for the petitioner further submitted that because present petitioner Shrikant Ashok Gairola could not join co -accused Arun Gairola, as such, he had to file this petition. In the above circumstances, in view of principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, (2008) 9SCC Page 677, this petition deserves to be allowed. The petition under section 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 5043 of 2010 State vs. Shrikant Ashok Gairola, relating to offences punishable under section 420, 406, 504 and 506 of I.P.C., Police Station Nehru Colony, pending in the court of Judicial Magistrate, Ist Dehradun, are hereby quashed.;


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