MANESHWAR PRASAD AGARWAL Vs. ANAND BIHARI DOBHAL

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the order dated 24.11.2008 passed by Judicial Magistrate, Pauri, in Criminal Case No. 382 of 2008, captioned as Anand Bihari Dobhal vs. Rameshwar Prasad Maneshwar Prasad, under Section 379 of IPC, pending before Judicial Magistrate, Pauri Garhwal.

(2.) A first information report was lodged by respondent against the applicant on 07.01.2007 at PS Kotwali, Pauri for the offence punishable under Section 406 of IPC. Applicant filed a criminal writ petition challenging the said first information report. An interim order was passed by this Court on 17.02.2007 directing that the respondents no. 1 and 2 shall not to take any coercive measures against the petitioner for his arrest in case crime no. 08 of 2007 registered under Section 406 of IPC at PS Pauri, District Pauri Garhwal, provided the petitioner cooperates with the investigation.

(3.) THEREAFTER a compromise took place between the parties. A copy of which is enclosed as annexure -5 to the application under Section 482 Cr.P.C. No order could be passed in such compromise application, because, in the meantime, a final report was submitted by the investigating officer. The criminal writ petition was dismissed as infructuous on 08.05.2007.