KAPIL DEV GUPTA Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Criminal Procedure Code for quashing FIR No. 91/89 registered at Police Station Timar Pur and the proceedings arising from the said FIR and pending in the Court of Shri D.K. Bansal, Metropolitan Magistrate, Delhi. The petitioner is the accused in the above mentioned FIR and respondent No. 2, Shri Mukesh Gupta is the complainant. In the said case charge has been framed against the accused under Sections 409/34 of the Indian Penal Code.

(2.) According to the averments in the petition the petitioner and respondent No. 2 have reached an amicable settlement and as per the said settlement the goods lying in the police station shall be the property of the petitioner and the petitioner and his family members shall transfer their share in the name of the other existing directors of the company.

(3.) A copy of the Compromise Deed, between the petitioner and respondent No. 2 has been produced as Annexure-D to the petition. Inspite of the compromise between the parties the case cannot be compounded before the Trial Court since the offence involved is non-compoundable. At the same time the complainant is not interested in proceeding with the criminal case against the petitioner or in prosecuting the petitioner for the offence mentioned above. Hence the petitioner has filed this petition under Section 482 of the Criminal Procedure Code praying that the FIR and proceedings may be quashed to secure the ends of justice.