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2024 Supreme(HP) 411

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Rajesh Mukhyan – Appellant
Versus
CBI – Respondent


Advocate Appeared:
For the Petitioner:M/s Kiran Kumar Patra, Debarsh Bhadra, Amit Kumar Dhumal and Varun Gupta, Advocates.
For the Respondent:Mr. Anshul Bansal, Advocate for Respondent No.1. Mr. Ashok Sood, Senior Advocate with Ms. Anjana Verma, Advocate for respondent No.2. Mr. Hemant Kumar Thakur, Advocate, vice Mr. T.K. Verma, Mr. Ajay Kochhar, Senior Advocate, with Mr. Vivek Sharma, Advocate Mr. Abhishek Sharma, Advocate

Table of Content
1. quashing of fir based on compromise. (Para 1)
2. arguments against quashing cite public interest. (Para 2 , 3)
3. court summarises legal representation. (Para 4 , 9)
4. legal precedents on quashing fir. (Para 10 , 11 , 12 , 13 , 14)
5. dismissal of petition upheld. (Para 15 , 16)

JUDGMENT :

Rakesh Kainthla, J.

1. The present petition has been filed for quashing the FIR No. RC0962016A0004, dated 23.6.2016, for the commission of offences punishable under Section 120-B read with Sections 420 , 405, 467, 468 & 471 of IPC and Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act and subsequent proceedings arising out of the FIR on the basis of the compromise. It has been asserted that the petitioner has amicably resolved the issue with respondent no. 2 and respondent no. 2 has issued a certificate that no amount is to be recovered from M/s Joya Resort and Hotel. The transactions between the petitioner and respondent were commercial and no criminality is attached to it. Respondent No. 2 has initiated steps for the withdrawal of the recovery suit pending before the Debt Recovery Tribunal, Chandigarh. Hence, it has been prayed that the present petition

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