Uttarakhand High Court
C482/1333/2012 of SANDEEP SAINI Vs STATE OF UTTARAKHAND AND ANR on 31 December 2012
Hon’ble Servesh Kumar Gupta, J. Mr. Ajay Veer Pundir, Advocate, for the applicant. Mr. PS Danu, Brief Holder, for the State. Mr. Mohd. Safdar, Advocate, for the complainant/respondent no. 2. Parties, duly identified by their respective Counsel, are also present in person. The alleged
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C482 No. 1333/2012Hon’ble Servesh Kumar Gupta, J.
Mr. Ajay Veer Pundir, Advocate, for the applicant.
Mr. PS Danu, Brief Holder, for the State.
Mr. Mohd. Safdar, Advocate, for the complainant/respondent no. 2.
Parties, duly identified by their respective Counsel, are also present in person.
The alleged act of cheating and fabrication is only against the accused applicant. However, he did not make out any gain or profit from the said act.
Now, the dispute has been resolved amicably and the complainant does not want to prosecute the applicant.
Hence, in view of the legal proposition propounded by the Hon’ble Apex Court in case of Nikhil Merchant v. C.B.I., reported in (2008) 9 SCC 677,compromise arrived at between the parties is accepted. Compounding application (CRMA 1602/2012), duly supported by the respective affidavits of the parties, is allowed.
Accordingly, the impugned summoning order dated 30.7.2012 as well as the entire proceedings of Criminal Case No. 1204A of 2012, under Section 420, 467, 471, 120B IPC, pending in the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar are hereby quashed.
Petition stands disposed of finally. Inform the court concerned accordingly.
Urgency application (IA 5758/2012) also stands disposed of.
Prabodh
(Servesh Kumar Gupta, J.) 31.12.2012