RUPAN DAS Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (CrPC) for quashing of criminal proceedings in G.R. Case No.2 (S) of 2018 under Section 380 of the Indian Penal Code (IPC) and subse-quent proceedings pending in the Court of Judicial Magistrate First Class at Shillong.

(2.) Brief facts may be noticed.

(3.) It is the case of the petitioner that the criminal machinery was set into motion upon the institution of the FIR No.5 by private respondent No.2 on 9.1.2017 before the Officer-in-Charge Sadar Police Station, Shillong to the effect that the petitioner had committed first theft on 5.12.2016 of Rs. 8000/- and thereafter another theft on 8.1.2017 amounting to Rs.10,000/- from the residence of respondent No.2. Thereafter, the police registered a case being Sadar PS Case No.5(1) of 2017 under Section 380 IPC. On completion of the investigation, the police filed charge sheet against the petitioner under Section 380 IPC being charge sheet No.23/2017 dated 28.02.2017 and the case is still pending adjudication before the Judicial Magistrate First Class, Shillong being G.R. Case No.2(S) of 2018 under Section 380 IPC. According to the petitioner, during the pendency of the instant case, the petitioner and respondent No.2 have amicably settled the matter and a compromise deed has also been executed between them.