IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 275 of 2008 Jagmandar Sen Agrawal and others …… Petitioners Versus State of Uttarakhand and another …… Respondents …….. Mr. S. K Agrawal, Senior Counsel with Mr. Jitendra Chauduary, Advocate for the petitioners. Mr. G.S.Sandhu, Government Advocate for the State. Mr. Alok Singh, Senior Counsel with Mr. Pawan Mishra,Advocate for respondent no. 2. Hon’ble V.K. GUPTA, C. J. In this petition filed U/s 482 Cr. P. C., four petitioners have prayed for quashing of criminal proceedings arising out of Criminal Case No. 3070 of 2007; Subhash Agrahari Vs. Jagmandar Sen Agrawal and others U/Ss 406 and 420 I.P.C. pending in the Court of learned Additional Chief Judicial Magistrate, Haldwani, district Nainital. A perusal of the complaint in question suggests that in the month of February 2006, the complainant had given an amount of Rs. 6,00,000/- (Rupees Six Lacs only) vide four different cheques to the petitioners- accused as advance payment/price for purchase of 12.5 % share holding in the Company – Sonbhadra Minerals Pvt. Ltd. with the promise by the petitioners-accused that the share certificates shall be sent in due course to respondent no. 2 complainant. In para 16 of the complaint, the complainant has admitted that four Bankers cheques dated 27.01.2007, totalling Rs. 6, 00,000/- in the name of four persons mentioned in this para were sent by the petitioners to respondent no. 2, but respondent no. 2 did not agree to receive this amount and, therefore, the said Bankers cheques were not encashed. On this petition coming up today for consideration, the learned counsel for the parties –Mr. S. K. Agarwal, the learned Senior Counsel appearing for the petitioners and Mr. Alok Singh, the learned Senior 2 Counsel appearing for respondent no. 2 – have come to terms and have submitted that based on an oral agreement arrived at between the parties, the petitioners, on the one hand, and respondent no.2, on the other, have compromised the matter. Mr. Jagmandra Sen Agrawal, petitioner no. 1 is present in person along with petitioners’ counsel Mr. S.K.Agarwal. Mr. Subhash Agrahari is also present in person. The terms of the compromise are as under: (i) The petitioners shall pay to respondent no. 2 a total sum of Rs. 10,00,000/- (Rupees Ten Lacs only), which would include Rs. 6,00,000/- (Rupees Six lacs only) as principal sum received by them from respondent no. 2 and Rs. 4,00,000/- (Rupees Four Lacs only) by way of damages/compensation as well as interest acrued thereupon. Respondent no. 2 has agreed to receive this amount in full and final as well as complete settlement of all his claims with respect to the aforesaid transaction from and against the petitioners. Respondent no. 2 states that he has no other, further or additional claim, from the petitioners. Respondent no. 2 also submits that on receipt of this amount, he shall withdraw the complaint in question. (ii) Mr. S.K.Agarwal, the learned Senior Counsel for the petitioners has handed over to Mr. Alok Singh, the learned Senior Counsel for resondent no. 2, seven Demand Drafts, all of them totalling Rs. 7.65 Lacs details whereof are as under: Sl. No. D.D. No., Date and amount Bank Payable in favour of 1 D. D. No. 273725 dated 12.05.2008 for Rs. 2,55,000/-. Union Bank of India Ramji Agarhari 2. D. D. No. 050543 dated 12.05.2008 for Rs. 1,20,000/-. Bank of Baroda Subhash Agrahari 3. D. D. No. 050544 dated 12.05.2008 for Rs. 1,35,000/-. Bank of Baroda Ramesh Agrahari 3 4. D. D. No. 828693 dated 13.05.2008 for Rs. 33,000/-. State Bank of India Subhash Agrahari 5. D. D. No. 828692 dated 13.05.2008 for Rs. 18,000/-. State Bank of India Ramesh Agrahari 6. D. D. No. 828698 dated 13.05.2008 for Rs. 1,40,250/-. State Bank of India Ajai Agrahari 7. D. D. No. 828694 dated 13.05.2008 for Rs. 63,750/-. State Bank of India Ramji Agrahari (iii) Mr. S.K. Agarwal, the learned Senior Counsel for the petitioners submits that by virtue of the aforesaid compromise, the remaining amount of Rs. 2.35 Lacs shall be paid by the petitioners to respondent no. 2 through Demand Draft favouring respondent no. 2 within 15 days from today. Mr. Alok Singh, the learned Senior Counsel for respondent no. 2 accepts this offer. Respondent no. 2 has handed back to Mr. S.K.Agarwal, the learned Senior Counsel for the for the petitioners, four Banker cheques sent by the petitioners to respondent no. 2 in original. Based upon the aforesaid compromise, the following order is passed: This petition is disposed of as settled. Proceedings in the complaint case in question are hereby quashed with all the consequences. (V. K. Gupta, C. J.) 26.06.2008 A