IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 760 of 2011 In Compounding Application No. 1467 of 2011 1. Mathura Dutt S/o Tika Ram R/o Swar Maswasi District Rampur (U.P) 2. Narayan Dutt S/o Bal Kishan R/o Bizrauli, P.S Bhimtal District Nainital 3. Umesh Chandra S/o Mathura Dutt R/o Swar Maswasi District Rampur (U.P) ………………............Petitioners Versus 1. State of Uttarakhand through secretary Home, Dehradun 2. Shri Bhasker Chandra Brizwasi S/o Durga Dutt Brizwasi R/o Bizrauli, Bhimtal, presently residing at 6/130 Talli Bamori Nawabi Road, Haldwani, Nainital ………….........Respondents Shri G.C.Kandpal, Advocate, present for the petitioners. Shri S.S.Adhikari, A.G.A., present for the state. Shri Harendra Belwal, Advocate, present for respondent no.2/complainant Hon’ble Prafulla C. Pant, J. 2 Heard. (2) By means of this petition moved under section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 876 of 2011, State vs. Mathura Dutt and others, relating to offences punishable under section 420, 467 and 468 of I.P.C., Police Station Bhimtal District Nainital, pending in the court of Chief Judicial Magistrate, Nainital. (3) Learned counsel for the petitioners, and learned counsel for the respondent no.2 submitted that the parties are close relatives. There was property dispute between them, which has amicably been settled. It is further submitted that complainant is no more interested to prosecute the petitioners. (4) Shri Bhasker Chandra Brijwasi (respondent no.2) identified by his counsel Shri Harendra Belwal, Advocate, is present in court. He verified the fact that the parties have 3 entered into compromise, as they were the joint owners of the property. The Compounding Application No. 1467 of 2011 has also been moved supported by affidavit. (5) In the above circumstances, in view of the Principle of law laid down in Nikhil Merchant vs. C.B.I (2008) 9SCC 677, this court is of the view that the petition deserves to be allowed. (6) Accordingly, the petition under section 482 of Cr.P.C., is allowed. The proceedings of Criminal Case No. 876 of 2011, State vs. Mathura Dutt and others, relating to offences punishable under section 420, 467 and 468 of I.P.C., Police Station Bhimtal District Nainital, pending in the court of Chief Judicial Magistrate, Nainital, are hereby quashed. ( Compounding Application No. 1467 of 2011 stands disposed of). (Prafulla C. Pant, J.) Dt.12.12.2011 N.P 4