IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 556 of 2011 Suresh Ahuja S/o Shri H.R. Ahuja, R/o E-300, Greater Kailash Part II, New Delhi-48 ………..…Petitioner Versus 1. State of Uttarakhand through Principal Secretary of Home, Dehradun 2. Ashok Khurana S/o Shri Barkat Ram R/o B-129, Pandav Nagar, Delhi as per FIR R/o Madhav Nikunj Rehad P.S. Bhawali, District Dehradun ....……Respondents Shri T.S. Takuli, Advocate, present for the petitioner. Shri P.S. Bohara, Brief Holder, present for the State. Shri Deepak Bisht, Advocate present for the respondent no. 2 Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short 2 Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case no. 660 of 2007 (old no. 1975 of 2006) State vs. Suresh Ahuja and others, relating to offences punishable under section 420, 406, 506 IPC, Police Station Haldwani, District Nainital, pending in the court of Chief Judicial Magistrate, Nainital. 3. A compounding application no. 726 of 2011, has been filed on behalf of the petitioner Suresh Ahuja, and respondent no. 2 Ashok Khurana supported by affidavits of the two parties. 4. The complainant (respondent no. 2) identified by his counsel is present in court. He verified the compromise, and stated that the impugned criminal proceedings against the petitioner may be quashed. 5. Since, the impugned criminal proceedings have arisen out of property dispute between the parties, therefore, in view of the principle of law laid down in Nikhil Merchant vs. CBI (2008) 9SCC page 677, the compounding application deserves to be allowed. 3 6. Therefore, compounding application is allowed. The petition under section 482 Cr.P.C., is also allowed. The proceedings of impugned criminal case no. 660 of 2007 (old no. 1975 of 2006) State vs. Suresh Ahuja and others, relating to offences punishable under section 420, 406, 506 IPC, Police Station Haldwani, District Nainital, pending in the court of Chief Judicial Magistrate, Nainital, are hereby quashed. (Prafulla C. Pant, J.) Parul 07.07.2011