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2023 Supreme(Gau) 431

KARDAK ETE
Abhijeet Paul – Appellant
Versus
State of Nagaland – Respondent


Advocates Appeared:
For the Petitioner: Imti Longjem, Esther, Lhousino, Kitoka Sumi.
For the Respondent: K. Angami (P.P.).

JUDGMENT :

Heard Mr. Imti Longjem, learned counsel for the petitioners and also heard Mr. K. Angami, learned Public Prosecutor.

2. The present petition under Section 482, Criminal Procedure Code, 1973 has been jointly filed by the petitioners namely Mr. Abhijeet Paul and Mr. Mohd. Amjad Ali for quashing of FIR No. 88/2014 dated 11.08.2014 under Section 380, IPC registered at Diphupar Police Station, Dimapur corresponding to GR Case No. 403/2014 before the learned CJM, Dimapur on the basis of the settlement/compromise arrived at between the petitioner nos. 1 and 2.

3. The facts in nutshell is that the petitioner no. 1, while employed under Fedility National Information Service, a company engaged for setting up Automated Teller Machines in Dimapur, misappropriated Air Conditioners which he was entrusted for installation in ATMs. The petitioner no. 2, who is a Senior Executive in the said Company lodged an FIR dated 02.08.2014 at Diphupar Police Station in connection with missing Air Conditioners, which was registered, being Diphupar Police Station Case No. 88/2014 under Section 380, IPC. The petitioner no. 1 was arrested on 08.08.2014. On 12.08.2012, the petitioner no. 1, while in custo

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