Pawan Kumar Sharma And Others vs State Of Haryana And Others on 16 August, 2012

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Punjab-Haryana High Court

Pawan Kumar Sharma And Others vs State Of Haryana And Others on 16 August, 2012

Bench: M.M.S. Bedi

CRM M-17776 of 2012                                           [1]




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                              CHANDIGARH.

                               CRM M-17776 of 2012

                               Date of Decision: August 16, 2012

Pawan Kumar Sharma and others

                                     .....Petitioners

            Vs.

State of Haryana and others

                                     .....Respondents

CORAM:      HON'BLE MR. JUSTICE M.M.S. BEDI.

                        -.-

Present:-   Mr. Ankul Mittal, Advocate for the petitioners.

            Ms. Shalini Attri, DAG, Haryana

            Mr. H.P.S. Ishar, Advocate for respondent No.2.


                  -.-

M.M.S. BEDI, J.

Petitioners seek the quashing of FIR No. 51 dated April 18, 2012 under Sections 418, 420, 120-B IPC registered at Police Station Sector 14, Panchkula, Haryana, on the basis of compromise. Said FIR was registered at the instance of respondent No.2-Alamjit Singh Mann, alleging that the complainant alongwith his wife and brother was owner of land measuring 11000 sq. yards situated in Village Singhpura within the Municipal Limits of Zirakpur. It was agreed between the petitioners and the CRM M-17776 of 2012 [2] complainant that a joint venture would be set up with the share of 80% of the petitioners who are partners of M.M.D. Infrastructure and 20% of respondent No.2. Thereafter the deal was changed to 60% to M.M.D. Infrastructure and 40% to respondent No.2. Subsequently deal was changed to 50% of M.M.D. Infrastructure and 50% of respondent No.2. Finally the deal between the parties remained to be 47.5% of M.M.D. Infrastructure and 52.5% of respondent No.2. In lieu of the share of M.M.D. Infrastructure to the extent of 47.5% from the land in question, respondent No.2 executed two sale deeds in favour of M.M.D Infrastructure on March 2, 2009 for the land measuring 2750 sq. yards and sale deed dated December 14, 2009 for the land measuring 2487 sq. yards in the office of Sub Registrar, Derabassi. After the FIR was registered, the parties have entered into a compromise as per the terms mentioned in annexure P-2.

Parties are present in the Court and they have admitted that the matter has been amicably settled. Complainant has stated that he does not want to pursue the criminal case against the petitioners. No doubt, the FIR and criminal proceedings can be quashed on the basis of compromise but at the same time, the fact cannot be ignored that the precious time of the Court and the police has been unnecessarily wasted over a civil dispute between the parties.

Following the Full Bench judgment of this Court in Kulwinder Singh Vs. State of Punjab and others, 2007 (3) RCR (Crl.) 1052, the FIR can be quashed in the present case.

CRM M-17776 of 2012 [3] Petition is allowed. FIR No. 51 dated April 18, 2012 under Sections 418, 420, 120-B IPC registered at Police Station Sector 14, Panchkula, Haryana and all the criminal proceedings emanating therefrom are hereby quashed subject to petitioners and complainant- respondent No.2 depositing a total sum of Rs.50000/- with Haryana State Legal Services Authority, within a period of one month. A sum of Rs.25000/- will be deposited by the petitioners and the remaining sum of Rs.25000/- will be deposited by the complainant.

August 16, 2012                                  (M.M.S.BEDI)
 sanjay                                            JUDGE

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