IMPORTANT POINT
The main legal point established in the judgment is the court's authority to quash criminal proceedings under Section 482 of the Cr.P.C. based on an amicable settlement between the parties and the absence of a surviving grievance.

ORDER :

1. Learned advocate Ms. Nimisha J. Parekh states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file her Vakalatnama, which is granted.

2. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents.

3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being CR No.11210048230616 of 2023 registered with Umra Police Station, Surat, for the offences under Sections 408, 420, 465, 467, 468 and 114 of the IPC read with 66(D) of the IT Act all the consequential proceedings arising therefrom.

5. Going through the material on record, it appears that the complaint is filed at the instance of respondent No.2. In the present case, petitioner was working as a clerk in the Account Department of the Complainant Institution viz. M.D. Jain Modern School and It was alleged that during the year 2020-2022, the present applicant in connivance and in collusion with the accused viz. Priyankaben Bhattacharya by using Login ID and Password of school had received school fees amount from the parents of the students and tampering with the receipt and issued full amount received by offering the discount, the accused have manipulated the receipt issued by the school and thereby they have committed an offence and misappropriated the amount to the tune of approximately Rs.20 lakh. In this regard, the complaint came to be filed. Further during the investigation, it reveals that the accused No.1 viz. Priyankaben had misappropriated an amount of Rs.19,54,900/- while present accused has siphoned and misappropriated an amount of Rs.45,100/-. Subsequently, after filing of the charge-sheet, the settlement took place and the Education Institution has passed a Resolution, which is placed at page 23 of the compilation and authorized the respondent No.2 to settle the dispute. It is stated that the institution and trustees are having no objection, if the present complaint is quashed against the present applicant. In this regard, respondent No.2 has filed affidavit, wherein, it is mentioned that in the course of the audit, there was found some indifference in collected the amount collected from the parents of the students and it was revealed that the present petitioner and accused No.1 had issued receipts and collected the amount and the same had not been deposited. Therefore, the present complaint was filed. Thereafter, the family members of the present petitioner approached the Trustees and Managing Committee Members and explained the case and they agreed to deposit the misappropriated amount and the School Trustees accepted their plea. Thereafter, the applicant has deposited the entire amount after filing of the complaint. They have nothing to do with each other. The Trust also inquired and after taking into account the facts and situation of the applicant and his family members, the Trust has decided not to proceed further with the FIR and pending Criminal Case qua the applicant. The institution has received the amount and loss is caused to the institution and no amount due to be paid by the applicant to the institution. Now complainant has no any further grievance to continue with the litigation. Therefore, now dispute is already settled between complainant and petitioner/accused, which is private in nature and amicable settlement is arrived between the parties, therefore, no purpose would be served to continue with the litigation, in view of above, the present application be allowed.

6. So far as allegations qua offence under Section 408 of IPC is concerned, as per the say of the resp