Full Text
% 14.09.2011
Present: Petitioner in person with Mr.R.P.Yadav, Advocate.
Ms. jasbir Kaur, APP for the respondents No.1 & 2/State with
S.l. Kishore, P.S. Pul Prahladpur(I.O.).
Respondent No.3 in person.
+Cri.M.C. No.1482/2011
JUDGMENT
1. Petitioner as well as respondent No.3 are identified by the Investigating Officer S.l. Kishore, P.S. Pul Prahladpur.
2. This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No.320/2010 under Section 406 IPC P.S. Pul Prahladpur on the ground that the petitioner and respondent No.3 have amicably settled the matter and now there is no dispute left between them. The FIR was registered on the complaint of respondent No.3 Manmohan Kumar, owner of Car No.DL- 4CNB-1325 make-Scorpio which was entrusted by him to the petitioner for driving. It is alleged in the FIR that the petitioner misappropriated the car and refused to return it. It is submitted by learned counsel for the petitioner that the parties have amicably settled the matter and now there is no dispute left between them. Learned counsel further submits that since offence under Section 406 IPC is compoundable and the parties have amicably settled the matter, no purpose shall be served by prosecuting the petitioner on the basis of said FIR. Thus, he has urged for quashing of FIR.
3. Petitioner has placed on record copy of the Settlement Agreement arrived at between the petitioner and respondent No.3 and both petitioner v --;! 2011:DHC:12502 as well as respondent No.3 have signed the same today in the court, in token of verification of its contents.
4. Respondent No.3 states that he has settled the matter with the petitioner of his own accord, without any inducement or threat and now there is no dispute left. He further submits that in view of the settlement, he does not wish petitioner to be prosecuted and he has no objection if the FIR and the proceedings arising out of the same are quashed.
5. Learned APP submits that in view of the fact that the offence under Section 406 IPC is compoundable and the parties have amicably settled the matter, State has no objection if the FIR No. No.320/2010 under Section 406 IPC P.S. Pul Prahladpur is quashed.
6. Since the parties have amicably settled the matter and now there is no dispute left, I feel that no useful purpose shall be served in prosecuting the petitioner on the basis of FIR. Accordingly, FIR No. 320/2010 under Section 406 IPC P.S. Pul Prahladpur and the proceedings arising out of the same are quashed.
7. Petition stands disposed of.
8. Parties shall remain bound by the terms of settlement.
SEPTEMBER 14, 2011 ks ~/ (AJIT BHARIHOKE) JUDGE.) -- ~- ! --;!