High CourtsSingle Bench(2011) 09 P&H CK 0090

Bharat Bhushan Goyal and Another vs State of Haryana and Another

Punjab And Haryana At Chandigarh · Decided on 9 September 2011

HON’BLE JUDGES
Ajai Lamba, J
RESULT
Allowed
CASE NUMBER
CRM No. M. 1339 of 2011 (O and M)

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Judgment

6 paragraphs · 257 words

Ajai Lamba, J.—This petition filed u/s 482 of Code of Criminal Procedure, 1973 prays for quashing of FIR No. 243 dated 16.11.2010 under Sections 420, 406 and 506 of the Indian Penal Code, registered at Police Station Mandi Gobindgarh, District Fatehgarh Sahib, on the basis of compromise deed, placed on record as Annexure P-2.

2.

Learned Counsel appearing for the Petitioners contends that a monitory dispute arose between Respondent No. 2 and the Petitioners. That dispute has been settled by way of compromise. The entire amount due towards Respondent No. 2 has been paid by the Petitioners as is recorded in compromise deed Annexure P-2.

3.

Raj Kumar son of Shankar Das, as identified by Head Constable Jaswant Singh, present in Court, states that indeed he has received the entire money and therefore, he does not want to pursue the FIR against the Petitioners. Raj Kumar also prays for quashing of the FIR and subsequent proceedings.

4.

Learned State counsel states that because the dispute has been settled by way of compromise, quashing of the FIR is not opposed.

5.

Considering the fact that the dispute arose on account of money transaction and the money, due towards Respondent No. 2, has already been paid by the Petitioners which the said Respondent has accepted, in lieu of all his claims and rights, this petition is allowed.

6.

FIR No. 243 dated 16.11.2010 under Sections 420, 406 and 506 of the Indian Penal Code, registered at Police Station Mandi Gobindgarh, District Fatehgarh Sahib and subsequent proceedings are hereby quashed.