IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 1238 of 2010 Ajay Singh Rawat S/o Prem Singh Rawat R/o Village Manral Tanaula (Malli Pokhari) P.O. Devayal, Tehsil Maulekhal District Almora Presently residing at Sainik Colony Mahavidya Mandir, Kashipur, District Udham Singh Nagar …..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun 2. Narendra Singh Bisht S/o Pan Singh Bisht, Director I.I.H.T, Pithoragarh R/o Godiyan Gaon Mostamonu Pithoragarh ……….Respondents Shri H.S. Dhillon, Advocate, present for the petitioner. Shri S.S. Adhikari, A.G.A., present for the State Shri Sudhir Singh, 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 (for short Cr.P.C.) the petitioner has sought quashing of the proceedings of criminal case no. 550 of 2010, State vs. Narendra Singh & another, pending in the court of Chief Judicial Magistrate, Pithoragarh, on the basis of the compromise between the parties. 3. Perusal of the Annex. 2 to the petition shows that accused (present respondent no.2)is facing charge of offences punishable under section 406, 420 IPC. Certified copy of the affidavit dated 20.12.2010, is annexed as Annex. 3 to the petition with copy of the compounding application. 4. Offence punishable under section 406 and 420 IPC, are compoundable with the permission of the court as provided in section 320 Cr.P.C.. Apart from this, the Apex Court in Nikhilk Merchant vs. C.B.I., AIR (2009) SC 428, has held that in the disputes relating to property, if the parties entered into compromise, the proceedings can be quashed. In the present case, the complainant himself has moved this petition under section 482 Cr.P.C., seeking quashing of the proceedings against the accused Narendra Singh Bisht (respondent no.2). He 3 (Ajay Singh Rawat) identified by his counsel is present in the court, and verified the fact that he does not want to prosecute Narendra Singh Bisht after he has received money back from the respondent no.2. 5. In the above circumstances, this petition under section 482 Cr.P.C., is allowed. The proceedings of criminal case no. 550 of 2010, State vs. Narendra Singh & another, relating to offences punishable under section 420, 406 IPC are hereby quashed, so far as the same relate to the respondent no.2 Narendra Singh Bisht. It is clarified that the proceedings as against the co-accused Ravi Kumar shall remain unaffected. (Prafulla C. Pant,J.) Parul 06.01.2011