IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 859 of 2011 with Compounding Application No. 1110 of 2011 1. Mohd Karim S/o Shri Mohd. Hasan 2. Sharafat Ali S/o Mohd. Karim Both R/o Nawabgarh Police Station Vikas Nagar District Dehradun ………………..petitioners Versus 1. State of Uttarakhand through Principal Secretary Home, Dehradun. 2. Abdul Hasan S/o Sri Akbar R/o village Nawabgarh Police Station Vikas Nagar …..............Opposite parties Shri R.C.Joshi, Advocate, present for the petitioners Shri B.S.Parihar, Brief Holder, present for the State Shri Pramod Bailwal, Advocate, present for the respondent no.2. Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Case No. 260 of 2006, (old no. M.5 of 2004) State vs. Abdul Karim and others relating to offences punishable under section 420, 467, 468 and 120B I.P.C., pending before Judicial Magistrate, Vikas Nagar, District Dehradun. (3) Learned counsel for the petitioners drew attention of this court to the fact that after the respondent no.2 Abdul Hasan got lodged First Information Report which was registered as crime no. 72 of 2003, relating to offences punishable under section 420, 467, 468, 120B and 471 of I.P.C., at Police Staion Vikas Nagar, after investigation, the Investigating Officer submitted final report as no offence was said to have been made out against the petitioners. Further investigation was directed by the Magistrate, and again final report was submitted. However, the Magistrate, again 3 rejected the final report and summoned the accused including the petitioners. The third accused is said to have died during trial. Earlier the Criminal Misc. Application (C-482) No. 475 of 2006, was filed which was disposed of vide its order dated 21.07.2010, by this court. Thereafter, new development is said to have taken place and the complainant has entered into compromise with the petitioners. A compounding application No. 1110 of 2011 has been filed on behalf of the petitioners and respondent no.2. The petitioners and respondent no.2 are present in person in the court identified by their counsel. They verified the fact that they have entered into compromise, and respondent no.2 Abdul Hasan stated that he does not want to prosecute the petitioners. (4) In the above circumstances, in view of principle of law laid down in Nikhil Merchant Vs. Central Bureau of Investigation and Another (2008) 9SCC Page 677, and the fact that the dispute between the parties is a 4 property dispute, the petition under section 482 of Cr.P.C., deserves to be allowed. (5) Therefore, the petition under section 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 260 of 2006, (old no. M.5 of 2004) State vs. Abdul Karim and others relating to offences punishable under section 420, 467, 468 and 120B I.P.C., pending before Judicial Magistrate, Vikas Nagar, District Dehradun, are hereby quashed. (Compounding Application No. 1110 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.19.09.2011 N.P