High CourtsSingle Bench(2006) 05 P&H CK 0017

Sunil Chander vs State of U.T., Chandigarh

Punjab And Haryana At Chandigarh · Decided on 10 May 2006 · Citation: (2006) 18 CriminalCC 1025

HON’BLE JUDGES
Rajesh Bindal, J
CASE NUMBER
Criminal Miscellaneous No. 26786-M of 2005

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Judgment

15 paragraphs · 291 words

Rajesh Bindal, J.—This is a petition filed u/s 482 of the Code of Criminal procedure (hereinafter referred to as ''Code'') for quashing of FIR

No.70 dated 22.2.2005 registered under Sections 380,411 and u/s 419 of the Indian Penal Code (hereinafter referred to as ''IPC'') registered at

Police Station, Sector 17, Chandigarh.

2.

The allegations in the FIR are with regard to theft of a sweater from a retail store in Sector 17, Chandigarh. The quashing of the FIR is sought

by the petitioner on the basis of compromise arrived at between the parties, which is placed on record as Annexure P2. The counsel appearing for

respondent No.2 complainant has not disputed these contentions of the petitioner. Even an affidavit of the complainant having no objection to the

quashing of the FIR has also been placed on record as Annexure P2A.

3.

As is evident from order dated 21.7.2005, service of respondent No. 1, Union Territory, Chandigarh was complete but none appeared on its

behalf. Even today none has appeared for respondent No.1. It seems that they are not interested in the matter being not of very serious magnitude

and the same having been compromised.

4.

Keeping these facts in view, it will not be in the interest of justice to proceed further in the matter as the same would result in wastage of energy

and time. Since the matter has admittedly been compromised, there would be no chance of any witness supporting the case of the prosecution

during the trial and resultantly there would be no chance of conviction.

5.

In view of the above, it is a fit case in which the FIR and all subsequent proceedings in the case deserves to be quashed and are ordered to

quash accordingly.