AJAY KUMAR KASHYAP Vs. U.T. ADMINISTRATION

JUDGEMENT

(1.) IT is not disputed that the accused without prejudice to his rights has agreed that the amount of Rs. 30,000/- deposited with the Registrar of this Court in his case be distributed equally between the aforesaid persons from whom he is alleged to have taken the money. He has made this offer more particularly in view of the statement of the Deputy Manager from Punwire as recorded in the order of the Court dated 4.4.1997.

(2.) IN view of the above facts and circumstances of this case and oral request of all parties, I do not find it appropriate that any fruitful purpose would be served by compelling an unwilling complainant to pursue the complaint. The loss suffered by the candidates has been made good by the accused and Mr. Hanumant Singh, Deputy Manager from Punwire has submitted that they do not wish to persue the complaint. Keeping in view the totality of the circumstances of this case and the specific agreement between the parties entered in Court, the offence against the accused should be permitted to be compounded as the parties do not wish to litigate any further. Two persons from whom the money was taken, have come from Jammu and they have been attending Court on every date of hearing. The company who is complainant is also not willing to persue the complaint/report as already noted. I also think that interest of justice demands that the agreement between the parties may be accepted. Consequently, I direct the Registrar of this Court to make the payment of Rs. 15,000/- each to Mr. Ashiq Hussain Bhat and Mr. Farooq Ahmed Lone and upon such payment, the offence between the parties would be deemed to have been compounded, FIR No. 127 of 1995, Police Station, Central Sector 17, Chandigarh, under Sections 420/467/468/471 of the Indian Penal Code is hereby quashed. Petitioner Ajay Kumar Kashyap is discharged. This petition is accordingly disposed of finally. No further orders are called for as the Misc. Petitions. Dasti.