Eepali Hriram Ohare, Yotiraditya /O Itendra Andey, 3 Rchana W/O Itendra Andey vs He Tate Of Aharashtra, Ahesh /O Armeshwar Grawal

: W W , : , : eard aken up for final disposal forthwith by consent of the learned counsel appearing for the respective parties r Khan, learned dditional ublic rosecutor waives service of notice on behalf of non-applicant no 3 r andhi, learned counsel waives service of notice on behalf of non-applicant no /complainant 4 y this application filed under ection of the haratiya agarik uraksha anhita, 3 ( ), the applicants seek quashing of irst nformation eport ( ) bearing o 4 / dated 9 registered with olice tation, ondia ural, ist ondia for the offence punishable under ections 3 (4), 3 ( ), 3 (4), 3( ), 33 , 34 and 344 of the haratiya yaya anhita, 3 ( ) as well as harge-sheet o 4/ and consequent proceedings, on the ground of settlement between the parties he case of the prosecution, in brief, is as under : i pplicant no was working with the complainant/non-applicant no as ccountant While working, applicant no used to transfer money from the account of the complainant to the accounts of her friends and also give them certain articles from the complainant’s office With passing time, an amount to the tune of s , ,9 , 3 /- was transferred by her When the complainant came to know about the misappropriation, he lodged report against applicant no with the concerned police station uring investigation, involvement of applicant nos and 3 was revealed in the alleged misappropriation herefore, after completion of the investigation, charge-sheet came to be filed against the applicants eard r ikhil ekade, learned counsel appearing for the applicants, r Khan, learned dditional ublic rosecutor appearing for non-applicant no / tate and r andhi, learned counsel appearing for non-applicant no / complainant hough, the notice is yet to be issued to the non-applicants, non-applicant no /complainant suo-motu appears in person through his counsel he complainant has already filed an affidavit-in-reply contending that registration of the against the applicants was due to the differences amongst them out of their business transactions and now the differences are settled amicably out of the ourt t is further stated that the complainant does not want to continue with the criminal prosecution against the applicants and he has no objection if the and charge-sheet against the applicants is quashed t is also stated in the affidavit that the applicants and the complainant have executed a ettlement eed duly signed by themselves and the complainant will receive the part amount and the articles, which are included in the offence by the orders of the ourt he complainant is present in-person before the ourt today e is duly identified by his counsel n an inquiry with the complainant, he has reiterated the facts stated in the affidavit 9 earned for the tate raised an objection to the settlement arrived between the parties on the ground that the offences registered against the applicants are non-compoundable in nature ence, the parties cannot settle the dispute amongst themselves With regards to the compoundability of offence, the upreme ourt in the case of arinder ingh and others Vs tate of unjab and another, reported in ( 4) 4 has observed in para 9 4 as under : “ n the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves he dispute is of a private nature between the employee and employer t also does not involve any issue affecting the society at large t appears that part of the amount has been received by the complainant and part of the amount is deposited before the ourt he dispute is purely private in nature and the complainant and the applicants in order to maintain harmony in their relation have settled the dispute out of the ourt hough, some of the offences are non-compoundable, considering the fact that the matter has been settled between the parties out of the ourt, continuation of the criminal proceedings would serve no fruitful purpose herefore, a case is made out for exercising inherent powers of the ourt under ection of the (old ec 4 of r ) to secure the ends of justice and to prevent abuse of the process of the ourt ence, the following order : he riminal pplication is allowed irst nformation eport ( ) bearing o 4 / dated 9 registered with olice tation, ondia ural, ist ondia for the offence punishable under ections 3 (4), 3 ( ), 3 (4), 3( ), 33 , 34 and 344 of the haratiya yaya anhita, 3 ( ) as well as harge-sheet o 4/ and consequent proceedings are quashed and set aside qua the applicants, subject to the applicants depositing costs of s , /-( upees en thousand only) in the “ ublic Welfare ccount” maintained with the nion ank of ndia, igh ourt ranch, agpur, bearing ccount o 9 4 and ode 9 , within two weeks from today 3 he application stands disposed of in the above terms ( W handwani, )