RADHEY SHYAM CHAUHAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks quashing of FIR No.220/2021, dtd. 6/12/2021, registered under Sec. 379 of the Indian Penal Code (IPC) at Police Station Dhalli, District Shimla, H.P. Prayer for quashing of the FIR and for setting aside the consequent judicial proceedings has been made on the basis of compromise deed arrived at between the parties.

(2.) The case set up by the prosecution is that respondent No.3 had availed loan for purchase of vehicle bearing registration No. HP-02A-1594 (school bus) from M/s Cholamandalam Investment and Finance Company Ltd. Respondent No.3 failed to repay the loan amount, hence, vehicle's possession was taken over by the petitioner, being agent of the company. However, at the time of lodging the FIR, respondent No.3 was not aware of this fact. Hence, it lodged the FIR under Sec. 379 IPC.

(3.) During hearing of the case today, Sh. Roshan Chauhan put in appearance in his own capacity as respondent No.2 and in the capacity of Secretary of respondent No.3. Alongwith the petition, compromise deeds executed between the parties and M/s Cholamandlam on 31. 03.2023 and 11/4/2023 have been placed on record at Annexure P- 2 (colly.). In terms of this compromise, the petitioner and respondents No.2 and 3, have resolved their disputes with each other and with M/s Cholamandlam. The compromise deed records that the respondent/complainant has repaid the loan amount and the complainant is no more interested in pursuing the instant FIR any further and has no objection in case the FIR and consequential criminal proceedings are culminated.