ZAHEER AHMED GHAFOOR PARIAT Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2013-4-2
HIGH COURT OF MEGHALAYA
Decided on April 30,2013

Zaheer Ahmed Ghafoor Pariat Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

- (1.) The case in nut shell is that, the petitioner No.1 is the Branch Manager of M/s Karvy, Shillong which is a Private Company dealing with Stocks, Share and also rendering service as Registrar for opening DEMAT Account etc. and the Petitioner No. 2 was serving under the Petitioner No. 1 as office boy. On 23.03.12, the petitioner No. 1 was being defrauded with an amount of Rs. 52,550.92p by the Petitioner No. 2; compelled to lodge an FIR which was registered as Sadar P.S. Case No. 48(3)2012 u/s 419/468 IPC against the Petitioner No. 2.
(2.) The Petitioner No. 2 after realising his mistake, on 7.04.12 approached the Petitioner No. 1 and asked for an apology and both the parties settled the matter amicably and the Petitioner No. 2 returned the mis-appropriated amount. Thereafter, the Petitioner No. 1 approached the Court by way of petition for withdrawal of the case before the Chief Judicial Magistrate, Shillong. The Chief Judicial Magistrate rejected the petition on the ground that the offences are cognizable and a warrant triable. Hence, the petitioner approached this Court by way of petition under Section 482 for quashing of the proceeding.
(3.) Mr. AS Siddiqui has submitted that the matter has been settled amicably between the parties and the Petitioner No. 1 is no more interested to proceed with the case, so proceeding may be quashed. To support his submissions, he relied in Gian Singh Vrs State of Punjab and Anr., 2012 10 SCC 303.;


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