RAKESH KUMAR 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.4 of 2021, dtd. 7/1/2021, under Ss. 420, 120-B of the Indian Penal Code, registered at Police Station Sarkaghat, District Mandi, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court qua the petitioner.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a complaint before the police alleging therein that he is a Contractor by profession and had planned to install a cold store at his native place, for which, he constructed a building. He came into the contact of accused, namely, Vinay Kumar and respondent No.2 with a belief that the petitioner has knowledge about the setting up of such like projects and assured him that he will manage his meeting with Rakesh Kumar-petitioner herein, who will also prepare the documents with respect to the project and believing on saying that respondent No.2 agreed to meet with the petitioner. Thereafter, the petitioner and other persons had a meeting with respondent No.2. All these persons assured respondent No.2 to get the work done within one month and told respondent No.2 that they will charge rupees five lac, as expenses and fee, on account of installation of said project and asked respondent No.2 to deposit some money in account of the petitioner and also demanded Rs.1,20,000.00 as GST etc; which is to be done by Vishwanath Traders Sundernagar, District Mandi. Further, it has been stated in the complaint that respondent No.2, believed all these persons and transferred the amount, as demanded by all these persons from his and from his wife's account to the accounts of all of them. When, respondent No.2 did not receive any communication from the accused persons, then he started making inquiry about the progress of work in the said project, but accused persons started making excuses and when respondent No.2, demanded money from these persons they had flatly refused to return the same. On the basis of statement of respondent No.2-complainant, FIR in question was registered. Now, the parties have entered into a compromise, vide Compromise Deed (Annexure P-2) dtd. 6/12/2021, stating therein that the complainant does not want to pursue the case against Rakesh Kumar-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 Rakesh Kumar-petitioner and the FIR/Challan, may be quashed and set aside qua the petitioner.