The court allowed a petition under Section 482 CrPC to quash an FIR and subsequent proceedings. The offence arose from a commercial dispute over a car delivery, which was settled between the parties with the complainant withdrawing the prosecution.
Petition allowed. FIR No.95 dated 13.4.2008 and subsequent proceedings quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.15108-M of 2008
DATE OF DECISION : AUGUST 8, 2008
MANVIR SINGH & ANR.
....... PETITIONER(S)
VERSUS
STATE OF HARYANA AND ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr.RM Singh, Advocate, for the petitioner(s). Mr. Narender Sura, AAG, Haryana. Mr. Satinder Rana, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of Criminal Procedure, for quashing of FIR No.95 dated 13.4.2008 under Sections 406, 420, Indian Penal Code, Police Station, DLF Phase-II, Gurgaon (Annexure P-1) and subsequent proceedings.
The contention of the learned counsel for the petitioners is that there was a dispute with regard to a Ford Fiesta car, which was to be purchased by respondent No.2-Kuldip Mewara. The terms were settled, the car was purchased and the delivery of the car was given to the complainant. There, however, was some misunderstanding with regard to the condition of the vehicle, on account of which, the FIR (Annexure P-1) came to be lodged. Now that the misunderstanding has been removed, respondent
Criminal Misc.15108-M of 2008
2
No.2-complainant does not want to prosecute the petitioners.
Respondent No.2-Kuldip Mewara, as identified by Shri S.K. Rana, Advocate, is present in court. Respondent No.2 has endorsed the factum of compromise and has prayed that the FIR and subsequent proceedings be quashed. An affidavit in support of the contention of the complainant has also been filed in court, which has been taken on record.
Learned counsel for the respondent-State states that in view of the compromise having been effected between the parties, he has no objection if the FIR and the proceedings are quashed.
Having regard to the nature of the offence that it arises out of a commercial transaction and the fact that the dispute has been settled between the parties, the petition is allowed. FIR (Annexure P-1) and subsequent proceedings are quashed.
August 8, 2008 ( AJAI LAMBA ) Kang JUDGE
1 issue framed by the court
Whether FIR and subsequent proceedings under Sections 406 and 420 IPC arising from a commercial dispute regarding a car can be quashed upon settlement.
2 provisions across 2 enactments
MANVIR SINGH & ANR.
STATE OF HARYANA
KULDIP MEWARA
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
