Rajinder Kumar vs State of Punjab

M.L. Singhal, J. (Oral)

Mr. Thiara, Advocate, counsel for respondent No. 2 states that the Punjab Financial Corporation had advanced some loan to the petitioner. Payments of loan got delayed and also there was some dispute as to the actual payment made by the petitioner. Mortgaged property was attached. Jeep was also attached. According to the petitioner, the Jeep was not hypothecated with the Punjab Financial Corporation. According to the Punjab Financial Corporation the Jeep was also mortgaged with them by the petitioner which was also attached and the petitioner dishonestly removed that jeep from their possession when it was lying attached. In consequence of the dishonest removal of the jeep when it was lying attached, a case FIR No. 76 dated 22.12.1993 was registered at Police Station, Jalalabad against the petitioner.

Mr. Thiara states that now compromise has taken place between the petitioner and respondent No. 2 Punjab Financial Corporation and the petitioner has undertaken to repay the loan amount together with interest as scheduled and he has made some payments also. So that compromise/settlement works harmoniously, case FIR No. 76 dated 2.12.1993 of Police Station, Jalalabad, be quashed together with all consequential proceedings taken on that first information report.

Mr. Thiara further states that the Punjab Financial Corporation has no objection to the quashment of the first information report by the Court in view of the letter Annexure P7 produced by Mr. S.C. Chhabra, Advocate before this Court now.

So that compromise Annexure P6 works harmoniously between the petitioner and the Punjab Financial Corporation, interest of justice requires that FIR No. 76, dated 2.12.1993 of Police Station Jalalabad be quashed. This petition is accepted and the first information report No. 76 dated 2.12.1993 of Police Station Jalalabad is accordingly quashed. Every proceedings taken on the basis of first information report are also quashed.