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2015 DIGILAW 442 (UTT)

SAURABH KASHYAP v. STATE OF UTTARAKHAND

2015-09-10

SUDHANSHU DHULIA

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JUDGMENT : Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Mr.Vipul Sharma, Advocate, present for the applicant. 2. Mr. R.K.Shah, Deputy Advocate General, present for the State. 3. Mr.Deep Joshi, Advocate, present for the respondent no.2. 4. The first information report has been lodged by the respondent no.2 against the present applicant, which has been registered as FIR No.01 of 2015, under Sections 420 of IPC, at Police Station Lalkuan, District, Nainital. After investigation, the police submitted charge sheet against the present applicant. Consequently, the learned Magistrate took cognizance against the applicant and issued summons for facing trial. 5. Now at this stage, applicant no.1-Saurabh Kashyap, who is represented by Mr.Vipul Sharma, and respondent no.2, who is represented by Mr.Deep Chandra Joshi, Advocate, moved a joint compounding application along with their affidavit before this Court stating therein that since during the pendency of this criminal case both the parties have arrived into a settlement, therefore, they want to resolve their dispute amicably and the complainant/respondent no.2 wants to withdraw his case lodged against the present applicant. 6. The applicant no.1-Saurabh Kashyap and the complainant/respondent no.2-Sri Niwash Kashyap are present in the Court today, who have been identified by their counsels. Learned counsel for the applicant/accused submits before this Court that he has already given Rs.19,00,000/- (Rupees Nineteen Lakh) to the complainant by way of demand draft. This fact admitted by learned counsel for the respondent no.2-Mr.Deep Chandra Joshi. The complainant, who is present before this Court, submits that he does not want to prosecute applicant further in the matter. Learned counsel for the applicant further relied upon the judgment of Hon’ble Apex Court in Gian Sing Vs. State of Punjab & another reported in 2012 (10) SCC 303 . 7. In view of the law laid down by the Hon’ble Apex Court in Gian Singh Vs. Learned counsel for the applicant further relied upon the judgment of Hon’ble Apex Court in Gian Sing Vs. State of Punjab & another reported in 2012 (10) SCC 303 . 7. In view of the law laid down by the Hon’ble Apex Court in Gian Singh Vs. State of Punjab & another reported in 2012 (10) SCC 303 wherein the correctness of the earlier decisions of Hon’ble Apex Court in Nikhil Merchant ( 2008 (9) SCC 677 and B.S.Joshi ( 2003 (4) SCC 675 ) have been reiterated and in the considered view of this Court that the present case is a fit case to invoke inherent power of this Court under Section 482 of Cr.P.C., as no fruitful purpose will be solved to keep the criminal proceeding in the court below pending, as the proceedings before the court below are primarily private in nature. 8. In view of the compromise arrived at between the parties, and particularly, considering the above decisions of the Hon’ble Apex Court, the proceedings of criminal case no.1954 of 2015 (State Vs. Saurabh Kashyap) under Sections 420 & 506 of IPC, pending in the court of learned Additional Chief Judicial Magistrate, Haldwani, District Nainital are hereby quashed. 9. With the above observation, the application filed under Section 482 of Cr.P.C. stands disposed.