INUPAKOLLA DURGA MOHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Sec. 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code ") for quashing of F.I.R No. 38 of 2022, dtd. 4/5/2022, under Ss. 420 and 406 of the Indian Penal Code, registered at Police Station Theog, District Shimla, H.P. alongwith all consequential proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stated the facts, giving rise to the present petition, as per the prosecution story, respondent No.2 made a written complaint to the police alleging therein that he is an orchardist, whereas Mohan, Durga Bhavani fruits, deals with purchase and sale of apples and he frequently used to visit Parala and Matiana. The petitioner has purchased apple boxes of various varieties from respondent No.2 for an amount of Rs.77,76,545,.00 out of which Rs.41,02,500.00 has been paid by the petitioner and the balance amount was not paid by the petitioner i.e. an amount of Rs.36,74,045.00. Consequent upon the statement of respondent No.2, Police registered an FIR against the petitioner. Now, the parties have entered into a compromise, vide Compromise deed (Annexure P-2) dtd. 13/7/2022, stating therein that the complainant does not want to pursue the case against the petitioner. Hence, the present petition.

(3.) Learned counsel for the petitioner has argued that as the parties have compromised the matter, no purpose will be served by keeping the proceedings against the petitioner and the FIR/Challan, may be quashed and set aside.