MUSHARAF 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.266 of 2020, dtd. 8/12/2020, under Ss. 380 and 201 of the Indian Penal Code, registered at Police Station Sadar, District Shimla, H.P. alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 made a written complaint to the police alleging therein that on 8/12/2020 around 10:00 a.m. he had engaged two carpenters, namely, Naushad and Musharaf-petitioner herein, to do the wooden work etc. in the first floor of his house, when he came back to his house to bring wooden items, he found that huge amount of money alongwith golden ornaments were missing. 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-3) 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.