Criminal Misc. No. M-10749 of 2008 v. State of Haryana & Anr.

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Robin Dutt, Advocate for the petitioners. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. Rattan Dua, Advocate for the complainant-respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 251 dated 08.11.2006 registered at Police Station Naraingarh under Section 406, 420-B, 120-B IPC. It was stated by the complainant in the FIR that he has paid Rs.1,90,000/- as earnest money and later the seller of the land, i.e. accused, refused to act in accordance with the agreement to sell and refused to execute the sale deed. Accordingly, the FIR was registered. During the pendency of the case, charge has been framed. Now a compromise has been arrived at between the parties. The compromise is attached as Annexure P-2. Rs.2.00 lacs have been returned to the complainant Mohinder Pal. In support of the compromise, Mohinder Pal has sworn in an affidavit (Annexure P-3). Mohinder Pal is present in Court. He has been identified by Mr.Rattan Dua, counsel Criminal Misc. No. M-10749 of 2008 2 appearing for the complainant respondent No.2. He has stated that he does not want to pursue the present FIR, as the matter has been amicably resolved. 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. Accordingly, taking into consideration the submissions made by Mr.Rattan Dua, counsel for the complainant and ratio of law laid down in Kulwinder Singh’s case (supra), present FIR, along with all subsequent proceedings, is quashed. With these observations, present petition is disposed off. January 8, 2009 [KANWALJIT SINGH AHLUWALIA] JUDGE