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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 844 OF 2018 [@ SPECIAL LEAVE PETITION (CRL.) NO. 3630 OF 2018]

RAJ SHARMA @ RAJ KUMAR SHARMA                 Appellant(s)

                               VERSUS

THE STATE OF UTTAR PRADESH & ORS.             Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The Appellant is before this Court, aggrieved by

the impugned order passed by the High Court, whereby

his prayer for intervention under Section 482 Cr.P.C.

has been declined.

3. Criminal proceedings have been initiated against

the Appellant under Section 406 read with Section 420

IPC.  When the matter came up before this Court, we

directed  the  Appellant  to  deposit  Rs.  1,50,000/-

(Rupees One Lakh and Fifty Thousand), which is little

more  than  the  amount  involved  in  the  alleged

transaction.  That amount has been deposited.

4. The learned counsel appearing for the de-facto

complainant submits that the amount may be directed

to be released to him.  It is also submitted that

since he is getting his money, he has no intention to

proceed with the prosecution.

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5. The  learned  counsel  appearing  for  the  State

points out that the offences are compoundable with

permission of the court.  In the above circumstances,

the  appeal  is  disposed  of  with  the  following

directions :-

(a) The amount of Rs. 1,50,000/- (Rupees One Lakh and

Fifty Thousand) deposited by the Appellant shall be

released in favour of Respondent No. 4.   

(b)  The Appellant is permitted to move the trial

court for compounding the offence and Respondent No.4

shall cooperate in the process.   

6. Taking note of the fact that the parties have

purchased peace, we direct the trial court to pass

appropriate orders in the interest of justice.    All

the  coercive  steps  taken  against  the  appellant,

including  freezing  of  the  account,  shall  stand

withdrawn.         

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 09, 2018.