Jagmohan Singh vs State of Punjab and Another

M.M.S. Bedi, J.—Petitioner seeks the quashing of FIR No. 12 dated 12.01.2009, under Sections 403 & 406 IPC, registered at Police Station, Civil Lines, Patiala, on the basis of compromise.

The said FIR was registered at the instance of Respondent No. 2 alleging that the Petitioner has misappropriated the money. The Assistant Manager of the Bank has been compensated with the money which was misappropriated. Though the amount of Rs. 1 lac was misappropriated, the loss to the bank has been compensated to the extent of 50 per cent by paying a sum of . .. Rs. 50,000/-in the Court.

Respondent No. 2, had appeared in the Court on last date of hearing and stated that the matter has been amicably settled.

n view of the loss having been made good to the extent of 50 per cent and the complainant having agreed to compromise the matter, the petition is allowed in view of the judgment in case Kulwinder Singh and Ors. v. State of Punjab 2007(3) RCR 1052. The above said FIR and all the criminal proceedings emanating therefrom are hereby quashed.

However, this order will not prejudice the civil rights of the complainant to recover the remaining amount in accordance with law. The Petitioner is absolved of criminal liability without prejudice to the civil rights of complainant-Respondent No. 2. Nothing said in this order, will affect the adjudication of the civil dispute before the trial Court.