This order disposed of a money withdrawal application filed by the defendant in a quashed criminal case, allowing the withdrawal of deposited funds to a private respondent.
The money withdrawal application is allowed; the Registry is directed to transfer Rs.4,42,000/- to the respondent No.3.
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| Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|
| WPCRL No.860 of 2020 Hon’ble R.C. Khulbe, J. Mr. Lalit Sharma, learned counsel for the petitioner. Mr. Kuldeep Rawal, learned A.G.A. for the State. Mr. Azmeen Seikh, learned counsel for the private respondent. Money withdrawal application (IA No.4275 of 2021) has been moved on behalf of respondent no.3 for withdrawing Rs.4,42,000/- deposited by the petitioner, which is pending before the Registry. As per the order dated 22.07.2020, the petitioner was directed to deposit Rs.4,42,000/- before the Registry; accordingly, the writ- petitioner deposited the above amount before the Registry. In the proceeding filed under Section 482 Cr.P.C. (No.956 of 2021) a compounding application has been filed to quash the proceedings against the applicant in Criminal Case No.2852 of 2021 ‘State vs. Ravi Kant Karnwal & another in which the learned counsel for the parties submitted that the respondent no.2 will claim Rs.4,42,000/-, which has been deposited before the Registry; accordingly, on the basis of said compounding application, the above Criminal Case No.2852 of 2021 ‘State vs. Ravi Kant Karnwal & another has been quashed vide order dated 20.07.2021 by the Coordinate Bench of this Court. Accordingly, the present money withdrawal application (IA No.4275 of 2021) has been moved on behalf of respondent no.3 for withdrawing the money; the petitioner has no objection for the same. Accordingly,the said application is |
| allowed and the Registry is | directed to transfer |
|---|---|
| the said money in favour of per rules. As regard to the FIR |
respondent no.3, as No.60 of 2020, u/s |
| 420, 467, 468, 471, 504, 50 since the proceedings of Cri of 2021 ‘State vs. Ravi Kant arising out of the said FIR regarding the applicant; acco writ petition is dismissed as present petitioner. Pending application, disposed of. |
6 IPC is concerned, minal Case No.2852 Karnwal & another has been quashed rdingly, the instant infructuous qua the if any, stands |
| (R. 0 BS |
C. Khulbe, J.) 4.10.2021 |
1 issue framed by the court
Whether the money deposit pending with the Registry should be released upon the quashing of the criminal proceedings via compounding application.
Colour shows how this judgement treated each authority
N/AReferred
N/A
1 provisions across 1 enactments
The Petitioner
State
Ravi Kant Karnwal & another
Respondent No.3
Private Respondent
R.C. Khulbe
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
