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[Cites 4, Cited by 6]

Punjab-Haryana High Court

Sube Singh Payal vs State Of Haryana And Another on 20 February, 2009

Author: Kanwaljit Singh Ahluwalia

Bench: Kanwaljit Singh Ahluwalia

Crl.Misc.No.M-1837 of 2009                                   [1]

IN THE HIGH COURT             OF PUNJAB          AND HARYANA AT
                             CHANDIGARH.


                               Criminal Misc. No. M-1837 of 2009

                               Date of Decision: 20 - 2 - 2009



Sube Singh Payal                                       .....Petitioner

                               v.

State of Haryana and another                           .....Respondents



CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA

                               ***

Present:    Mr.Brijender Kaushik, Advocate
            for the petitioner.

            Mr.S.S.Mor, Sr. DAG, Haryana.

            Mr.Sunil Anand, Advocate
            for respondent No.2.


                              ***

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

The present petition has been preferred under Section 482 Cr.P.C. seeking quashing of case FIR No.33 dated 14.2.2005 registered at Police Station Ambala City under Section 406/420 IPC on the basis of compromise Annexure P2.

Arpit Kumar Arora had lodged case FIR No.33 dated 14.2.2005 registered at Police Station Ambala City under Section 406/420 IPC against petitioner Sube Singh Payal and one Harshad Alam and Sumandeep. The grievance of complainant Arpit Kumar Arora in the FIR was that he was duped of Rs.2 lacs by the accused on pretext of sending abroad. Crl.Misc.No.M-1837 of 2009 [2]

During the pendency of the proceedings, compromise Annexure P-2 has been arrived between Arpit Kumar Arora and Sube Singh Payal. It has been submitted that the amount of Rs.2 lacs has been paid back to Arpit Kumar Arora. Arpit Kumar Arora is present in Court. He has been identified by his counsel Mr.Sunil Anand. He has stated that he he has received Rs.2 lacs and does not wish to pursue the FIR and the same be quashed against all the accused.

It has been held in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 that where a compromise has been effected between the parties, continuation of criminal proceedings will serve no useful purpose. Therefore, the impugned FIR along with all subsequent proceedings is quashed.

Petition is disposed off.

( KANWALJIT SINGH AHLUWALIA ) February 20, 2008. JUDGE RC