Punjab-Haryana High Court
Dr. Devender Gupta & Another vs State Of Haryana & Another on 9 February, 2011
Author: Ritu Bahri
Bench: Ritu Bahri
CRM No. M-3461 of 2011
-1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CRM No. M-3461 of 2011 (O&M)
Date of Decision :09.02.2011
Dr. Devender Gupta & another
.......... petitioners
Versus
State of Haryana & another
...... Respondents
CORAM : HON'BLE Ms. JUSTICE RITU BAHRI
Present : Mr. Sanjiv Bansal, Advocate
for the petitioners.
Mr. Kshitij Sharma, AAG, Haryana.
Mr. Pankaj Katia, Advocate
for respondent No.2.
****
RITU BAHRI, J. (ORAL)
Present petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 123 dated 5.7.2010 under Sections 406, 420, 467, 468, 471, 120-B IPC registered at Police Station Udyog Vihar, Gurgaon and all subsequent proceedings arising therefrom.
Reply on behalf of State has been filed in Court, which is taken on record.
Learned counsel for respondent No.2 has filed affidavit of respondent No.2 / Complainant Rajesh Saxena, who is present in the Court. SI Mahipal has identified the complainant.
As per the contents of the affidavit, the matter has been CRM No. M-3461 of 2011 -2- compromised between the parties and a memorandum of understanding dated 20.1.2011 has been executed between the parties. This aspect has been noticed by the Court of Addl. Sessions Judge, Gurgaon while granting bail to the petitioners on 25.1.2011. SI Mahipal assisting the State counsel has also informed that he has got the copy of memorandum of understanding dated 20.1.2011.
The dispute in this case is related to transfer of a plot No. 385, Udyog Vihar, Phase IV, Gurgaon, which was transferred by petitioner No.1 on the basis of a power of attorney in favour of petitioner No.2. The matter has been now compromised and no useful purpose would be served by keeping alive the criminal proceedings initiated in this FIR.
In view of the above and view of 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, FIR No. 123 dated 5.7.2010 under Sections 406, 420, 467, 468, 471, 120-B IPC registered at Police Station Udyog Vihar, Gurgaon is quashed with all consequential proceedings arising therefrom qua the petitioners.
The petition stands disposed of.
09.02.2011 (RITU BAHRI) 'sp' JUDGE