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Judgment
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.
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.
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.
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.
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.
