CHIRAG MATHUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This writ petition has been filed for the following relief:

(2.) The allegations in the FIR are that the petitioners obtained Rs. 5,00,000/- as advance money from the complainant company in lieu of selling its industrial unit including plant and machinery. After making the advance payment, when the complainant companys officials visited the site then they were shocked and surprised to see that no such plant and machinery exists at the site. Thereafter, when the complainant company asked the petitioners to refund their money back they refused to do so.

(3.) Compounding application being IA No.2375 of 2020 has been filed by the parties jointly (petitioners and respondent nos.3) stating that the petitioners and respondent no.3 have settled their dispute amicably, inasmuch as, the complainant has received their amount back from the petitioners. It is also stated that the grievance of the complainant has been redressed as the petitioners have returned their money and now there remains no dispute in between the parties and the respondent no.3 does not wish to prosecute the petitioners. By way of present compounding application, a prayer has been made to quash the impugned FIR. Along with the application, petitioner no.1 and respondent no.3 have filed their separate affidavits to affirm what is stated in the application.