SACHIN ANAND vs STATE OF UTTARAKHAND AND ANOTHER

Heard learned counsel for the parties.

The criminal misc. application has been filed by the applicant for quashing entire proceedings of Criminal Case No. 1975 of 2014 (Case Crime No.

90 of 2010), “State v. Manoj Chug and othersâ€, under Sections 406, 420, 467, 468 & 471 of I.P.C., registered at P.S. Kotwali, Haridwar, District

Haridwar pending before Court of 2nd Additional Civil Judge (Senior Division)/ Judicial Magistrate, Haridwar. Along with the application, joint

compounding application has also been filed. In support of compounding application, affidavits have been filed by applicant (Sachin Anand) and

respondent no. 2 (Rakesh Kumar). It is stated in the affidavit that the parties have settled their dispute amicably and there is no grievance of

respondent no. 2 against the applicant. It is stated that the respondent no. 2 does not want to prosecute the applicant in any manner.Â

Earlier, on 15.03.2018, parties were present in the Court and they were duly identified by their respective counsel. On that day, they stated that they

have settled the dispute amicably and verified the contents of the compromise application.Â

It is submitted by the learned counsel for the applicant that the allegation was that the F.D.R. of the Trust was encashed by the accused person;

but, subsequently it was found that the applicant is not involved and his signature were forged by other coaccused. He submitted that the present

matter is covered by the judgment of Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303.Â

It is prayed that the offences punishable under Sections 406, 420, 467, 468 & 471 I.P.C., registered at P.S. Kotwali, Haridwar, District Haridwar

may be compounded and the proceedings of Criminal Case No. 1975 of 2014 (Case Crime No. 90 of 2010), “State v. Manoj Chug and othersâ€,

under Sections 406, 420, 467, 468 & 471 of I.P.C., registered at P.S. Kotwali, Haridwar, District Haridwar pending before Court of 2nd Additional

Civil Judge (Senior Division)/ Judicial Magistrate, Haridwar may be quashed. Â Â Â

Learned State Counsel submitted that aforesaid sections are compoundable. Â

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 this Court, if this 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 submission 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 is allowed. Proceedings of Criminal Case No. 1975 of 2014 (Case Crime No. 90 of 2010), “State

v. Manoj Chug and othersâ€, under Sections 406, 420, 467, 468 & 471 of I.P.C., registered at P.S. Kotwali, Haridwar, District Haridwar pending

before Court of 2nd Additional Civil Judge (Senior Division)/ Judicial Magistrate, Haridwar, is hereby quashed qua the applicant.Â

Compounding application is, accordingly, disposed of.