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Judgment
Sanjaya Kumar Mishra, J
This writ application has been filed for quashing of the FIR dated 24.06.2021, numbered as FIR No. 239 of 2021, for the offences punishable under Sections 420, 406 and 120-B of the Indian Penal Code.
A compounding application being IA No. 1 of 2022 has been filed for disposing of the case on the basis of compromise arrived at between the parties to quash the FIR dated 24.06.2021, as the parties have settled their disputes amicably. Both the parties are present in person and submitted their identity proof, namely, Aadhar Card and the parties are duly identified by their respective counsel. This Court is satisfied with their identification.
I have perused the respective Adhar Cards of both the parties. Parties are duly identified by their respective counsel. I am satisfied that there is an amicable settlement between the parties.
Offense under Section 420 and 120B IPC are compoundable offences with the permission of the Court and offence under Section 406 is a compoundable offence. The offences alleged in this case are not included in the category of cases excepted by the Hon’ble Supreme Court in the cases of Gian Singh vs. State of Punjab (2012) 10 SCC 303 and State of Madhya Pradesh v. Laxmi Narayan (2019) 5 SCC 688.
Keeping in view the totality of the fact, especially, the fact that the petitioner and the respondent no.2 have already settled their disputes and it will render exercise of criminal trial futile, may result in wastage of public money and time and it is a fit case, in which, the FIR should be quashed against the petitioner. Continuance of the criminal investigation would be an abuse of process of law.
The above offences are hereby allowed to be compounded, and therefore, the impugned FIR as mentioned above is hereby quashed qua the petitioner herein. Accordingly, the Writ Application is also allowed on the basis of compounding arrived at between the petitioner and the respondent no.2 herein.
It is further clarified that the FIR against the other co-accused shall continue.