Shahar Bano vs State Of Uttarakhand And Another
2022 Latest Caselaw 3623 UK

     HIGH COURT OF UTTARAKHAND AT NAINITAL


     Criminal Misc. Application No. 2020 of 2022

Shahar Bano                                      ........... Petitioner

                                 Vs.

State of Uttarakhand and another                 ........ Respondents



Present :   Mr. Amit Kapri, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. with Ms. Mamta Bisht, Brief
            Holder for the State.
            Mr. Chandramauli Shah, Advocate for respondent no.2.


                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge in this petition under Section

482 of the Code of Criminal Procedure, 1973 (for short,

"the Code") is made to the charge-sheet No.9A/2015

dated 03.11.2015, passed in Criminal Case No.2448 of

2015, State vs. Shahar Bano and another, under Sections

420, 467, 468, 471, 120-B IPC, by the court of Judicial

Magistrate/Civil Judge (Jr. Div.), Nainital, District

Nainital (for short, "the case") as well as the entire

proceedings of the case.

2. Heard learned counsel for the parties and

perused the record.

3. The case is based on an FIR, lodged by the

respondent no.2 ("the informant"). According to it, the

property of the informant was sold by the co-accused

Daleep to the petitioner and others by virtue of forged

sale-deed. It is this FIR, in which, after investigation

charge-sheet has been submitted.

4. Now, a joint Compounding Application (IA) No.1

of 2022 has been filed, duly supported with the affidavits

of the petitioner and the respondent no.2. Shahar Bano.

The petitioner, who is identified by Mr. Amit Kapri,

Advocate for the petitioner and Mr. K.S. Rautela, the

respondent no.2, who is otherwise a practicing advocate

in this Court, have verified the contents of the

compromise.

5. Mr. K.S. Rautela, the respondent no.2, on

being asked has informed the Court that he has settled

the dispute and does not want to proceed with the case.

6. Having considered the nature of the offence

and the other attending factors, this Court is of the view

that the present petition may be decided in terms of the

compromise between the parties. Accordingly, the present

petition deserves to be allowed.

7. The instant petition is allowed. The charge-

sheet No.9A/2015 dated 03.11.2015, passed in the case

as well as entire proceedings of the case, is hereby

quashed qua the petitioner.

8. Compounding Application (IA) No.1 of 2022

stands disposed of accordingly.

(Ravindra Maithani, J.) 15.11.2022 Sanjay