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2020 Supreme(UK) 103

LOK PAL SINGH
Chirag Mathur – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mr. Vikas Kumar Guglani, Advocate For the Appellants, for the Appellant; Mr. Siddhartha Bisht, Brief Holder for the State of Uttarakhand, Mr. B.S. Koranga, Advocate for respondent no.3, for the Respondent

JUDGMENT

Lok Pal Singh, J. - This writ petition has been filed for the following relief:

    i) Issue a writ, order or direction in the nature of certiorari for quashing the FIR No.166 of 2018 under Section 420, 406, 465, 467, 468, 471, 120-B, 34 of IPC , P.S. Pantnagar, District Udham Singh Nagar.

    2. The allegations in the FIR are that the petitioners obtained ` 5,00,000/- as advance money from the complainant company in lieu of selling its industrial unit including plant and machinery. After making the advance payment, when the complainant companys officials visited the site then they were shocked and surprised to see that no such plant and machinery exists at the site. Thereafter, when the complainant company asked the petitioners to refund their money back they refused to do so.

    3. Compounding application being IA No.2375 of 2020 has been filed by the parties jointly (petitioners and respondent nos.3) stating that the petitioners and respondent no.3 have settled their dispute amicably, inasmuch as, the complainant has received their amount back from the petitioners. It is also stated that the grievance of the complainant has been redressed as the petitioners have returned their mone

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