SUNIL CHANDER Vs. STATE OF U.T., CHANDIGARH
LAWS(P&H)-2006-5-445
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 10,2006

Sunil Chander Appellant
VERSUS
STATE OF U.T., CHANDIGARH Respondents

JUDGEMENT

RAJESH BINDAL, J. - (1.)THIS is a petition filed under Section 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 under Section 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 P-2. 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 P-2/A.
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 magnititude and the same having been compromised.

(3.)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.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.