Nishith Kamal vs State of Uttarakhand

Hon''ble Prafulla C. Pant, J.—Heard Learned Counsel for the parties and the complainant.

By means of this petition moved u/s 482 of Code of Criminal procedure 1973, the Petitioner has sought quashing of the proceedings of criminal case No. 3035 of 2009 State v. Nishith Kamal relating to offences punishable u/s 420, 423, 424, 464, 467, 468, 471, 477A and 408 I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Haldwani.

Learned Counsel for the Petitioner submitted that complainant has entered into compromise with the Petitioner, and as per the compromise complainant has accepted an amount of Rs. 13 lakh in settlement of the dispute between the parties. Copy of the compromise has been filed as Annexure 5 to the petition. Complainant Shri Ashish Awasthi verifies the contents of the compromise, in Court.

In view of the principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another, , in the above circumstances, this Court is of the view that the petition u/s 482 of Code of Criminal Procedure deserves to be allowed.

Accordingly the petition is u/s 482 Code of Criminal Procedure. is allowed. The proceedings of Criminal case No. 3035 of 2009 State v. Nishith Kamal, relating the offences punishable u/s 420, 423, 424, 465, 467, 468, 471, 477A, 408 I.P.C. pending in the Court of additional Chief Judicial Magistrate, Haldwani, are here by quashed.