IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO.No. 90 of 2010. & Cr.MP.No. 416 of 2010. Date of Decision: 17.8.2010. _______________________________________________ Ranbir Singh. ….Petitioner. Versus. State of H.P. ….Respondent. Coram: Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting1?.No. For the petitioner :Mr. Narender Sharma, Advocate. For Respondent-1. :Ms. Ruma Kaushik, Addl. Advocate General. For Respondent-2. : Ms.Kamlesh Shandil, Advocate. Dev Darshan Sud, J.(Oral). The first information report subject matter of this petition was lodged with the police by complainant Muhammad Shameem claiming that a sum of Rs. 5,00,000/- due and outstanding to him for the apple crop which he had dispatched and which amount was not paid by the petitioner herein. F.I.R. No.154 of 2009 dated 11.9.2009 was registered Whether reporters of the Local papers are allowed to see the judgment?yes. 2 under Section 405 of the Indian Penal Code with Police Station, Dhalli. Notice of this petition was issued to the respondents. Pursuant thereto respondent-Mohammad Shameem is present in Court today, who states on oath that a sum of Rs.5,00,000/- has been received by him as full and final settlement of his claim. In these circumstances, I deem it as a fit case where carrying on criminal prosecution would be an abuse of the process of law more especially when the parties have settled the dispute inter se. The Supreme Court in Sardool Singh and another Vs. Smt. Nasib Kaur, 1987 (Supp) SCC 146 holds that where the case has been settled by the parties inter se, it would be an abuse of the process of law to continue criminal proceedings. However, I find that in the facts and circumstances of the present case, the ratio of the judgment is squarely attracted. Moreover, the offence under Section 405 is compoundable but i.e. only after the finding of guilt and not prior to that. In these circumstances, this petition is accordingly allowed. F.I.R. No. 154 of 2009 dated 11.9.2009 registered against the petitioner with Police Station, Dhalli is quashed and all further proceedings are also set aside. (Dev Darshan Sud), Judge. August 17, 2010(R) 3