Uttarakhand High Court
C482/370/2020 on 11 September, 2023
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
Office Notes,
reports, orders
SL. or proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
C482 No.370 of 2020
With
IA/4076/2023 (Compounding Application)
Hon'ble Sharad Kumar Sharma, J.
Mr. Vipul Sharma, learned counsel for applicants.
Mr. B.C. Joshi, learned Brief Holder for the State.
Mr. Nivesh Bahuguna, learned counsel for respondent no.2.
In the instant C482 Application, the parties are participating in the proceedings through video-conferencing.
This Court has interacted with the complainant of FIR No.4 of 2013, which was registered for the offence under Section 420 of the IPC on 02.01.2013 naming the accused persons, i.e. the applicants herein, for engaging themselves in commission of the offence under Section 420 of the IPC, by duping the complainant of Rs.4,50,000/- on the false pretext of sale of a flat.
The matter was investigated and the chargesheet, being Chargesheet No.377 of 2013 dated 17.12.2013 was submitted by the Investigating Officer, based on which, the summoning order dated 13.01.2014 has been issued by the Court of the Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, resulting into registration of Criminal Case No.177 of 2014, "State Vs. Arvinder Singh and others".
The C482 Application is accompanied with the compounding application, which has been duly signed by all the parties, including the complainant. In the compounding application thus submitted, the complainant has submitted that, owing to the settlement which has taken place between the parties and the reference of the same finds place in paragraph no.4 and 5 of the compounding application, wherein the complainant and the applicants, who are the joint signatories to it, have made a statement, that in lieu of the amount as detailed in paragraph no.2 of the compounding application, the complainant has already received a sum of Rs.13,33,334/- from applicants on 08.07.2013 and based on which a compromise has been entered into between them on 08.06.2013.
This Court has interacted with the complainant, who has fortified the contents of the compounding application and he has made a statement, in the presence of his counsel that, in case, if the offence is compounded, he may not be having any grievance, as such, because he is already in receipt of the money, which was due to be paid to him by the present applicants.
Since the offence under Section 420 of the IPC, for which proceedings of Criminal Case No.177 of 2014, "State Vs. Arvinder Singh and others" has been initiated before the Court of Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, is compoundable under Section 320 of the Cr.P.C., the same would stand quashed in terms of the compounding application and, accordingly, the C482 Application too, would stand dropped.
(Sharad Kumar Sharma, J.) 11.09.2023 Sukhbant