SANDEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioners for quashing of F.I.R No. 23 of 2017, dated 21.03.2017, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station Kala Amb, District Sirmaur, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Whether reporters of Local Papers may be allowed to see the judgment? Yes Court.

(2.) Briefly stating the facts, giving rise to the present petition are that complainant/respondent No. 3 got a complaint registered against the petitioners, alleging therein that petitioner No. 1 was employed as an Accountant in the Himalayan Group of Professional Institution and in furtherance of common intention and connivance with petitioner No. 2, started tempering with and manipulating the financial records of the said institution. Further, petitioner No. 1 misused his position of Accountant and begun siphoning off and swindling the funds and ended up withdrawing more than Rs. 13,00,000/- from the account of the complainant- Institution and fraudulently deposited the said amount in his own account, as well as in the account of his wife. Consequently, a case under Sections 420, 467, 468, 471 and 120-B IPC, came to be registered against the petitioners. However, now the parties have settled their dispute and the complainant/respondent No. 3 unequivocally stated in his Affidavit, Annexure P-3/T, that he does not want to continue with this case. Hence, the present petition.

(3.) Learned Counsel for the petitioners has argued that as the parties have compromised the matter and the complainant has duly sworn in affidavit (Annexure P-3/T) in this regard, no purpose will be served by keeping the proceedings alive, therefore, the FIR, alongwith consequent proceedings arising out of the same, pending before the learned trial Court, may be quashed and set aside.