The court allowed the petition under Section 482 Cr.P.C. to quash an FIR registered for cheating and criminal breach of trust. It held that the dispute was essentially civil and had been resolved via a settlement memorandum, rendering criminal proceedings purposeless.
FIR No. 262 dated 17.07.2000 and all subsequent proceedings were quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-6750 of 2009 (O&M)
Date of decision: 31st March, 2009
T.R. Ramesh
… Petitioner
Versus
State of Haryana and another
… Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Atul Mahajan, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. Gautam Dutt, Advocate for the complainant.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Criminal Misc. No. 16311 of 2009
Application is allowed. Documents (Annexures P-5 to P-8) are
taken on record.
Criminal Misc. No. M-6750 of 2009
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 262 dated 17.07.2000 registered at Police Station Sarai Khawaja, Faridabad under Sections 406, 420 IPC.
Quashing of the FIR has been sought on the basis of compromise. FIR has been attached as Annexure P-1. It has been stated that petitioner T.R. Ramesh is Managing Director of the Company, M/s Simplicity Engineers Pvt. Ltd. The Company of the petitioner has to supply
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Criminal Misc. No. M-6750 of 2009 (O&M)
equipment to the complainant. It is stated that equipment was not in accordance with the specifications and therefore, the advance amount paid was misappropriated by the petitioner.
Earlier, petitioner had filed a petition for quashing of the chargesheet, in which notice of motion was issued. Later, petitioner was relegated to file revision before the Court of Sessions Judge by a Coordinate Bench.
It is stated that during the pendency of the proceedings, memorandum of settlement between the Company of the accused and the complainant Company has been arrived at. The same has been attached as Annexure P-3.
Mr. Gautam Dutt appearing for the complainant Company has stated that the compromise has been arrived at between the parties and he has received a communication from the complainant Company. Photocopy of the communication has been placed on record.
Case is pending before the trial Court for recording of prosecution evidence. A perusal of FIR shows that it is essentially a civil dispute between the parties and the amount paid by the complainant Company was to be adjusted.
Now, by memorandum of settlement, monetary dispute between the parties has been resolved, therefore, continuation of the proceedings may not serve any purpose. It has been held by a Full Bench of this Court in ‘ Kulwinder Singh and others v. State of Punjab and another’ , 2007 (3) RCR (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation.
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Criminal Misc. No. M-6750 of 2009 (O&M)
In view of the law laid in Kulwinder Singh’s case supra, present petition is allowed and FIR No. 262 dated 17.07.2000 registered at Police Station Sarai Khawaja, Faridabad under Sections 406, 420 IPC, along with all subsequent proceedings, is quashed.
[KANWALJIT SINGH AHLUWALIA] JUDGE
March 31, 2009 rps
1 issue framed by the court
Whether the proceedings under Section 482 Cr.P.C. for quashing of an FIR arising from a civil contractual dispute can be allowed upon settlement between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and anotherRelied on¶25
1 provisions across 1 enactments
T.R. Ramesh
State of Haryana
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
