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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 555 of 2008

PETITIONER:

Madan Mohan Abbot

RESPONDENT:

State of Punjab

DATE OF JUDGMENT: 26/03/2008

BENCH:

TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT:

J U D G M E N T

REPORTABLE

CRIMINAL APPEAL NO 555/2008

(arising out of S.L.P.(Crl.) No. 4579/2006)

HARJIT SINGH BEDI,J

1. Leave granted.

2. This appeal is directed against the judgment dated

14th February 2006 whereby an application for quashing

of FIR No.155 dated 17th November 2001 registered at

Police Station Kotwali, Amritsar under Sections

379,406,409,418,506/34 of the Indian Penal Code on

account of the compromise entered into between the

complainant and the accused, has been declined on the

ground that Section 406 was not compoundable as the

amount involved was more than Rs.250/- and that the

case was already fixed on 28th April 2006 for the

examination of the prosecution witnesses.

3. Notice was issued in this case on 21st August 2006

and the operation of the order was stayed in the

meanwhile. A counter affidavit has been filed by the sole

respondent i.e. State of Punjab and it has been pointed

out, inter-alia, t