Suresh Uniyal and others vs State of Uttarakhand and another

Hon''ble Servesh Kumar Gupta, J.—Mr. Dinesh Uniyal (petitioner no. 2) is present identified by his learned counsel Sri Sandeep Tandon while Sri Surya Dev (opp. Party no. 2) is present identified by his learned counsel Sri Lokendra Dobhal.

In this matter, the FIR was lodged by Surya Dev on 7.12.2007 against Dinesh, Mahesh and Suresh (all real brothers) S/o Sohan Lal for the offence of Sections 420, 467, 468, 471 and 120-B IPC. The investigation ended into the submission of the chargesheet against all the three petitioners for the above offences. The Court has been apprised that informer and all the petitioners are co-share holders and belong to the same family, so they have entered into compromise and filed the compounding application no. 1536/11 before the Court.

It was argued by learned counsel for the petitioners that the dispute between the parties pertains to the distribution of their respective shares in the immovable property, inherited by them from their ancestors, so the dispute between them is purely civil in nature. Learned counsel has relied upon the precedent of Hon�ble Apex Court in the case of "Nikhil Merchant Vs. CBI & another reported in (2008) 3 SCC (Cri) 858" wherein it was held that "when the parties withdrew all claims and allegations against each other, technicality should not be allowed to stand in the way of quashing of the criminal proceedings, since continuance of the same would be a futile exercise. The said case also related to Sections 120-B, 420, 467, 468 and 471 IPC".

As such, in view of what has been stated above, the compounding application is allowed. The chargesheet as well as the order of cognizance, giving rise to criminal case no.1010/08 (new no. 2996 of 2011), State Vs. Dinesh Uniyal and others, pending in the court of Judicial Magistrate (First), Dehradun, is hereby quashed.