Quashed

Ajay Aggarwal and Anr. v. State of Haryana and Anr.

Punjab & Haryana HC22 Mar 2010CRM-M/28759/2009

Case brief

AI extract

What is this about?

This order disposed of two petitions filed under Section 482 Cr.P.C. seeking quashing of an FIR based on a compromise between parties. The court invoked settled law allowing quashing of non-compoundable offences upon genuine settlement and quashed the FIR along with consequential proceedings.

What did the court decide?

FIR No.181 dated 03.9.2009 under Sections 406, 420 and 120-B IPC and all consequential proceedings are quashed.

Ajay Aggarwal and Anr. Vs State of… — Contract and Commercial Disputes | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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1- Criminal Misc.No. M- 28759 of 2009 Date of decision:- 22.3.2010

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Ajay Aggarwal and another

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...Petitioners

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Versus

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State of Haryana and another

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...Respondents

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2- Criminal Misc.No. M- 25813 of 2009

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Sujit (Surjit) Khatri

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...Petitioner

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Versus

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State of Haryana and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA

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Present:Mr. S.S. Narula, Advocate for the petitioners.

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Mr. P.M. Anand, Addl. A.G. Haryana for respondent No.1-State.

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Mr. G.S. Pannu, Advocate for respondent No.2.

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RAM CHAND GUPTA J.(Oral)

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This order shall dispose of two petitions bearing Crl. Misc. No. M- 28759 of 2009 and Crl. Misc. No.M-25813 of 2009, filed under Section 482 Cr.P.C. for quashing of FIR No.181 dated 03.9.2009 under Sections 406, 420 and 120-B IPC, registered at Police Station Chandimandir, District Panchkula (Annexure P-1) on the basis of compromise (Annexure P-2).

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I have heard learned counsel for the parties and have gone through the whole record carefully.

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It has been contended by learned counsel for the parties that the dispute between the parties has been amicably settled due to intervention of respectable persons. Respondent No.2-complainant also appeared through

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Criminal Misc.No. M- 28759 of 2009

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counsel and filed her short reply by way of affidavit admitting the factum of compromise and stating that she is having no objection if the FIR and consequential proceedings are quashed.

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In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052 .

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Hence, in view of these facts, the present petitions are accepted and FIR No.181 dated 03.9.2009 under Sections 406, 420 and 120-B IPC, registered at Police Station Chandimandir, District Panchkula alongwith all consequential proceedings arising therefrom, is quashed.

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The petitions stand disposed of accordingly.

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March 22, 2010 ( RAM CHAND GUPTA ) vj JUDGE

Ajay Aggarwal and Anr. v. State of Haryana and Anr.

Case brief

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Ajay Aggarwal and Anr. v. State of Haryana and Anr.

Case brief

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What the court decided

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