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2025:UHC:296 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
08th JANUARY, 2025
CRIMINAL MISCELLANOUES APPLICATION NO.446 OF 2018
Manoj Gupta
.....Applicant
Versus
State of Uttarakhand and Another ……Respondents
Counsel for the Applicant : Mr. Tapan Singh,
Advocate. Counsel for the Respondent : Mr. G.S. Sandhu,
No. 1
Addl. Advocate
General. Counsel for the Respondent : Mr. Nikhil Kushwaha, No.2/informant
Advocate. Hon’ble Alok Kumar Verma,J.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No.6601 of 2016,
“State vs. Manoj Gupta”, pending before the Court of Chief Judicial Magistrate, Haridwar under Sections 420, 467 and Section 471 of the Indian Penal Code, 1860. 2. Heard Mr. Tapan Singh, learned counsel for the applicant, Mr. G.S. Sandhu, learned Additional Advocate General for the respondent no.1 and Mr. Nikhil Kushwaha,
2025:UHC:296 2 learned counsel for the respondent no.2. 3. The applicant Manoj Gupta is present in-person. He is identified by Mr. Tapan Singh, Advocate. 4. The respondent no.2 Nitin Gupta is present in- person. He is identified by Mr. Nikhil Kushwaha, Advocate. 5. Both, the applicant-accused and the respondent no.2–informant are real brothers. There were property disputes between them. 6. Both, the applicant-accused and the respondent no.2–informant submitted that they have resolved their property disputes and after resolving their disputes, they are living in peace and harmony. 7. The respondent no.2 – informant submitted that he does not want to prosecute the applicant, who is his real brother. 8. Both, the respondent no.2 and the applicant further submitted that they have filed their affidavits along with the Compounding Application (IA No.6 of 2024) with their free will and without any pressure. 9. The respondent no.2 has requested to quash the entire proceedings of Criminal Case No. 6601 of 2016,
“State vs. Manoj Gupta”. 10. Mr. G.S. Sandhu, learned Additional Advocate General has submitted that there were private disputes between the parties and they have resolved their disputes. 2025:UHC:296 3
11.
Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No.6601 of 2016, “State vs. Manoj Gupta”, pending before the Court of Chief Judicial Magistrate, Haridwar under Sections 420, 467 and Section 471 of the Indian Penal Code, 1860, are quashed. 12. Resultantly, the entire proceedings of Criminal Case No.6601 of 2016, “State vs. Manoj Gupta”, pending before the Court of Chief Judicial Magistrate, Haridwar under Sections 420, 467 and Section 471 of the Indian Penal Code, 1860, are hereby quashed. 13. The Criminal Misc. Application (C482 No. 446 of 2018), filed under Section 482 of the Code of Criminal Procedure, 1973, is disposed of accordingly. ___________________ ALOK KUMAR VERMA, J.
Dt: 08.01.2025 Shiv/
SHIV PRASAD Digitally signed by SHIV PRASAD DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=acdf10a01e98b19449a7dc3beb4e294826f188e8b0b97f5b563a10cdbc9a7e37, postalCode=263001, st=UTTARAKHAND, serialNumber=4CD0F168562014610493BB96ADC0F2DE74454B24EE89DAA5FC5D31E01760E37D, cn=SHIV PRASAD Date: 2025.01.08 18:54:37 +05'30'