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2018 DIGILAW 606 (HP)

Pankaj Gupta v. State Of Himachal Pradesh

2018-04-11

AJAY MOHAN GOEL

body2018
JUDGMENT Ajay Mohan Goel, J —Cr. MP No. 359 of 2018 Application allowed, as prayed for. Amended memo of parties is ordered to be taken on record. Registry is directed to carry out necessary corrections in the memo of parties. Application stands disposed of. Cr. MMO No. 50 of 2018 2. By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing of FIR No. 62 of 2007, dated 11.05.2007, registered at Police Station Gagret Una, under Sections 420, 465, 467, 469, 471, 406 and 120-B of the Indian Penal Code, as also for quashing of subsequent criminal proceedings in case titled as State Vs. Pankaj Gupta & others pending before the Court of learned Judicial Magistrate 2nd Class, Amb, District Una. 3. It is mentioned in the petition that the issue, which led to the registration of abovesaid FIR stands amicably settled and sorted out between the complainant, i.e., M/s Luminous Power Techonologies Pvt. Ltd. and the accused, i.e., the present petitioners. In order to substantiate this fact, the petitioners have appended alongwith the petition a settlement deed, which has been entered into between one of the petitioners, namely Pankaj Gupta on behalf of the petitioners and the complainant-Company. All the petitioners are present in person. Shri Ajay Bhardwaj, AGM (Administration) of the respondent-Company is also present in person, who has been duly identified as such by his counsel Sh. Dhiraj Thakur, Advocate, who undertakes to file his power of attorney during the course of the day itself. Statement of Shri Ajay Bhardwaj has been separately recorded and he has deposed that respondent No. 2- Company has no objection in case this petition is allowed and FIR No. 62 of 2007, dated 11.05.2007, registered at Police Station Gagret Una, under Sections 420, 465, 467, 469, 471, 406 and 120-B of the Indian Penal Code as well as subsequent criminal proceedings pending in the Court of learned Judicial Magistrate 2nd Class, Amb, District Una are quashed and set aside. In his statement, Sh. Ajay Bhardwaj has admitted both the execution as well as the contents of settlement deed dated 03.11.2017. 4. In his statement, Sh. Ajay Bhardwaj has admitted both the execution as well as the contents of settlement deed dated 03.11.2017. 4. Learned Additional Advocate General submits that as it is a dispute inter se the petitioners and the respondent-Company and they have arrived at some settlement amongst themselves, as such, State has no objection in case this petition is allowed and FIR as well as subsequent criminal proceedings which are pending pursuant to the lodging of the said FIR are quashed and set aside. 5. Taking into consideration the fact that the issue which led to the registration of FIR No. 62 of 2007, dated 11.05.2007 has been amicably settled between the parties and the complainant-Company is no more interested in pursuing the FIR in issue and it has no objection in this petition is allowed and the FIR and subsequent criminal proceedings ensuing therefrom are quashed and set aside, this Court in exercise of its inherent power under Section 482 of the Code of Criminal Procedure in the larger interest allows this petition. Accordingly, FIR No. 62 of 2007, dated 11.05.2007, registered at Police Station Gagret Una, under Sections 420, 465, 467, 469, 471, 406 and 120-B of the Indian Penal Code, as also subsequent criminal proceedings in case titled as State Vs. Pankaj Gupta & others pending before the Court of learned Judicial Magistrate 2nd Class, Amb, District Una are ordered to be quashed and set aside. Petition stands disposed of in above terms, so also miscellaneous applications, if any.