Allowed

Phool Kumar & Ors. v. State of Haryana & Ors.

Punjab & Haryana HC27 Sept 2013CRM-M/16111/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana quashed FIR No. 87 registered under IPC Sections 417, 409, and 120-B for breach of trust. The court held that since the parties had amicably settled the dispute via a compromise deed supported by judicial statements, no useful purpose would be served in prolonging the litigation.

What did the court decide?

FIR No. 87 dated 21.11.2007 under Sections 417/409/120-B IPC and all consequential proceedings qua petitioners were quashed.

Phool Kumar & Ors. Vs State of Haryana & Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-16111 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-16111 of 2013 (O&M) Date of decision : 27.09.2013

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Phool Kumar and others

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....Petitioners

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versus

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State of Haryana and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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

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Mr. Shivendra Swaroop, AAG, Haryana

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Mr.S.S. Momi, Advocate for respondent Nos. 2 and 3.

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RITU BAHRI , J. (Oral)

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Quashing of FIR No. 87 dated 21.11.2007 under Sections 417/409/120-B IPC, registered at Police Station Jhansa, Distt. Kurukshetra is sought on the basis of compromise dated 26.04.2013 (Annexure P2).

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F.I.R has been registered at the instance of respondent No. 2 and 3 on the allegations that the accused persons have committed a breach of trust by misappropriated the amount of the respondent Nos. 2 and 3 and caused a heavy loss to them i.e Rs.15,85,000/-. In the above background, F.I.R was registered against petitioners.

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During the pendency of the trial, the parties have amicably settled the matter, vide compromise deed dated

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Arora Gaurav 2013.10.31 16:46 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-16111 of 2013 (O&M)

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26.04.2013 (Annexure P2).

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In compliance of order dated 15.05.2013, the parties got recorded their statements. Report of Judl. Magistrate Ist Class, Kurukshetra has been received in this regard. As per report, joint statement of the complainants-Mukhtiar Singh and Gurcharan Singh has been recorded to the effect that the there is a written agreement dated 26.04.2013. Complainant shall abide by the terms of the agreement. As per terms of the agreement, Rs. 6 lacs and 4 cheques amounting to Rs.1,75,000/- each have been received by the complainants. Joint statement of the accused Phool Kumar, Sandeep Kumar and Ram Kumar was also recorded to the same effect. Statement of one Anil kumar who was known to the petitioners have also been recorded to the effect that the parties have entered into agreement and the matter has been compromised amicably between the parties. In view of separate statements of the parties, the court is satisfied that the compromise is valid and genuine.

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Consequently, in view of the status report and in view of the judgment of the Hon'ble Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429, the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation.

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Accordingly, FIR No. 87 dated 21.11.2007 under Sections

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Arora Gaurav 2013.10.31 16:46 I attest to the accuracy and integrity of this document

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Crl. Misc. No. M-16111 of 2013 (O&M)

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417/409/120-B IPC, registered at Police Station Jhansa, Distt. Kurukshetra is quashed with all consequential proceedings arising therefrom qua petitioners.

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The petition stands disposed of.

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27.09.2013 (RITU BAHRI) G.Arora JUDGE

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Arora Gaurav 2013.10.31 16:46 I attest to the accuracy and integrity of this document

Phool Kumar & Ors. v. State of Haryana & Ors.

Case brief

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Phool Kumar & Ors. v. State of Haryana & Ors.

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