R P GULATI Vs. STATE

JUDGEMENT

(1.) More than two decades have passed still the fate of the petitioner against whom instant FIR no.1066/1982 under section 406,408,409,420,468,471, 477 IPC P.S.Kotwali was registered for having embezzled the money of Punjab National Bank of which he was the employee hangs in fire. So much so even the charges have not been framed against him. With such an ambling pace another two decades will be taken in concluding the trial. What an irony and travesty of justice. This is not a delayed justice. Justice is not even in sight. Petitioner has to pass through the dark long tunnel.

(2.) However, by way of civil suit, the said amount has already been recovered from the petitioner. Through this petition, the quashing of aforesaid FIR is being sought mainly on the ground that if by way of civil suit recovery of amount due to the bank is made, the criminal proceedings should not be continued. Since the offences are not compoundable under section 320 Cr.P.C, the learned APP is resisting the petition.

(3.) In this regard, counsel for the petitioner has placed relieance upon a decision of the Supreme Court in B.S.Joshi & Ors Vs. State of Haryana II (2003) SLT 689 wherein it was held that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, section 320 would not be a bar to the exercise of power of quashing and it is however, a different matter depending upon the facts and circumstances of each case whether to exercise or not to exercise such a power.