IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Compounding Application No.1535 of 2011 IN Criminal Misc. Application No.472 of 2008 (U/s 482 Cr.P.C.) Satya Dev Uniyal & others ……. Petitioners Versus State of Uttarakhand & another ..…. Respondents Dated: December 21, 2011 Hon’ble Servesh Kumar Gupta , J. Petitioner No.1 Satya Dev Uniyal has been reported to be dead. Petitioner no.2 Surya Dev Uniyal and no.6 Ajay Uniyal are present in person before the Court, who is identified by their counsel Mr. Lokendra Dobhal. Opposite Party no.2- Suresh Uniyal is also present in person, who is identified by his counsel Mr. Sandeep Tandon. In this matter, the FIR was lodged by Suresh Uniyal on 28.11.2007 against all the petitioners for the offence of Sections 120-B, 420, 467, 468 and 471 IPC, which ended into the submission of the chargesheet against these petitioners for the above offences. The Court has been apprised that informer and all the petitioners are close family members and the dispute amongst them persisted relating to the distribution of their respective shares in the property inherited by them from their ancestors, which has now been amicably settled between them. So, the compounding application has been filed before the Court. 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 2 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.953/08 (new no.2988 of 2011), State Vs. Satya Dev Uniyal and others, pending in the court of Judicial Magistrate (First), Dehradun, is hereby quashed. (Servesh Kumar Gupta, J.) 21.12.2011 Rajeev