VED PRAKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FACTS necessary for the disposal of this petition under Section 482 of the Code of Criminal Procedure are that there was a partnership concern by the name of Arora Cotton Industries, Abohar, District Ferozepure. It had six partners. There are three retired partners, named Shagan Lal Arora, Suraj Kant and Vishav Tej and three petitioners, Ved Parkash, Rajesh Kumar and Smt. Jpasana. There was dissolution of the firm on 20th April 1988. This was followed by litigation amongst the two sets of partners resulting in a civil suit filed by Mr. Shagan Lal Arora against the firm and the remaining partners and another suit filed by Ved Parkash petitioner No.1 against the other partners. Mr. Shagan Lal Arora also lodged a First Information Report on 26-4- 1989 at Police Station City Abohar, under Sections 409, 419, 420, 467, 468 and 471 I.P.C. The three continuing partners Ved Parkash etc. seek quashing of the first information report on the ground that the dispute between the parties was essentially a civil dispute and the same was amicably settled on 29-5-1989 when the agreed amount was paid through a bank draft by the continuing partners to the retiring partners. Efforts to serve the principal retired partner, named Shagan Lal Arora, who is stated to have shifted to Bombay, proved abortive. On the record of the case produced by the investigating officer, there is a letter purported to have been written by Shagun Lal Arora to the effect that the dispute between the parties had been amicably settled and he was not interested in continuing the criminal case any further. There is thus enough prima facie material to show that the parties have since settled their affair which was essentially of a civilnature. It will be an abuse of process of Court to permit such proceedings to continue in the trial court. For these reasons and on the assumption that the parties have settled their civil dispute, the aforesaid First Information Report is hereby quashed. It is, however, made clear that if the author of the First Information Report, namely Shagan Lal Arora thinks that the dispute has not been settled and is still alive, it will be open to him to move an application for revival of the proceedings by making a suitable petition in this court. The petition is disposed of in these terms. Petition disposed.