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Judgment
(per the Hon’ble, the Chief Justice) (Oral)
Heard learned counsel for the parties.
Rule. Rule is made returnable forthwith with the consent of the parties and the aforesaid petition is taken up for final disposal.
By this petition, the petitioner seeks quashing of the FIR registered with the Lumdiengjri Police Station, being Lumdiengjri P.S. Case No. 88 (07) 2018; the charge-sheet filed therein and consequently, the proceeding pending before the learned JMFC, Shillong, being G.R. Case No. 236(A) of 2019. The Sections alleged are Section 138 of the NIA read with Sections 406, 418 and 420 of the IPC.
Quashing is sought on the premise that the petitioner (accused) and the respondent No. 3 (original complainant) have amicably settled their dispute, inasmuch as the respondent No. 3 has received the entire amount paid by her to the petitioner.
Learned counsel for the petitioner relied on the affidavit filed by the respondent No. 3, Smti. Cong Weili, which is at page 35 of the petition. The respondent No. 3 (original complainant) is present in person and is represented by her Advocate. When questioned, the respondent No. 3 states that she has received the entire amount due and payable to her and as such, has no objection to the quashing of the FIR and consequently, the proceeding. The respondent No. 3 is identified by her Advocate, Ms. E. Gurung. Learned counsel for the respondent No. 3 has tendered proof of the identification of the respondent No. 3, i.e., a photocopy of the driving license of the respondent No. 3, duly attested by her. The same is taken on record.
The allegations as made by the respondent No. 3 as against the petitioner is that she had initially paid an amount of ₹2 lakhs to the petitioner for purchase of gold bangles and later, again, paid an amount of ₹1 lakh towards the said bangles, however, the respondent No. 3 did not receive the gold bangles nor the money. It appears that the respondent No. 3 not only lodged an FIR but also filed a case under Section 138 of the Negotiable Instrument Act, 1881 read with some Sections of the IPC. The respondent No. 3 withdrew the said NI case filed by her and has today given her no objection to the quashing of the FIR and consequently, the proceeding.
Considering the nature of the allegations, the fact that Section 420 is compoundable and also taking into consideration that the parties have amicably settled their dispute, there is no impediment in allowing the petition.
Accordingly, the petition is allowed and the FIR registered with Lumdiengjri Police Station, being Lumdiengjri P.S. Case No. 88 (07) 2018 and consequently, the proceeding pending before the learned JMFC, Shillong, being G.R. Case No. 236(A) of 2019, are quashed and set aside.
Rule is made absolute on the aforesaid terms.
Petition is, accordingly disposed of.
All parties to act on the authenticated copy of this order.