KASHI MANDAL Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner for quashing of FIR on the basis of a compromise.

(2.) The petitioner was facing trial under section 380, 420, 468 & 471 IPC at P.S. Naraina. As per the allegations made against the petitioner, the petitioner had stolen cheque along with its counter-foil from the office of complainant at Naraina. The complainant learnt about this theft upon reconciliation of his accounts on 21st October, 2008, when he found that amount of Rs. 14, 75,000/- had been drawn to the account of petitioner No. 1 Kashi Mandal. The complainant immediately approached his banker and learnt that this amount was transferred on 13th June, 2008 to the account of petitioner No. 1. Further inquiry revealed that the account was opened by the petitioner No. 1 with Union Bank of India for the purpose of encashing the stolen cheque wherein he had filled almost entire amount lying in the account of petitioner no. 2 leaving a balance of only Rs. 16,000/-. An FIR was registered against the petitioner on the basis of complaint of the complainant and the petitioner was apprehended and produced before the court on 24 th October, 2008. He was sent to JC and was released on bail on 24th November, 2008. It is thereafter that the petitioner entered into a compromise and agreed to pay to the complainant a sum of Rs. 14.75 lacs and the present petition was filed after this compromise.

(3.) It is submitted by counsel for the petitioner that in view of the amicable settlement arrived at between the parties and in view of the fact that the complainant , who is respondent No. 2 has no objection for quashing of FIR, this FIR should be quashed.