Hitesh Kumar Singla v. State Of Punjab And Another

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-38681 of 2017 .....

Date of decision:20.12.2017 Hitesh Kumar Singla .....Petitioner v.

State of Punjab and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Jagraj Singh Khiva, Advocate for the petitioners. Ms. Simranjeet Kaur, Assistant Advocate General, Punjab for the respondent-State.

Ms. Nisha Malik, Advocate for Mr. L.S. Sidhu, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.0218 dated 22.9.2016 (Annexure-P.1) registered for the offence under Section 408 IPC at Police Station Kotwali Bathinda, District Bathinda and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantParamjit Singh on the allegations that the accused-petitioner was employed as a computer operator/cashier at Global Health Care Hospital Pharmacy from May 2015 of which the complainant is an Administrator. The petitioner had embezzled an amount of `17,262/-. Now with the intervention of respectable persons, the matter has been amicably

Cr. Misc. No.M-38681 of 2017 [2] compromised between the parties and they have resolved their disputes and differences.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Bathinda has sent report dated 7.12.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Cr. Misc. No.M-38681 of 2017 [3] Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.0218 dated 22.9.2016 (Annexure-P.1) registered for the offence under Section 408 IPC at Police Station Kotwali Bathinda, District Bathinda and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner. December 20, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No