High Court Punjab-Haryana High Court

Dr. Brij Kumar Goyal @ Dr. B.K. Goel … vs State Of Haryana And Another on 11 February, 2009

Punjab-Haryana High Court
Dr. Brij Kumar Goyal @ Dr. B.K. Goel … vs State Of Haryana And Another on 11 February, 2009
 CRM No. M-29342 of 2008                         1




    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                               CRM No. M-29342 of 2008
                               Date of decision: 11.2.2009

Dr. Brij Kumar Goyal @ Dr. B.K. Goel & others        ...Petitioners

                               Versus

State of Haryana and another                         ...Respondent


CORAM:      HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. TPS Makkar, Advocate, for the petitioners.
            Mr. K.C. Gupta, AAG, Haryana.
            Mr. Sanjiv Gupta, Advocate, for
            respondent No.2- complainant.

Rajan Gupta, J.

The petitioners have filed this petition under Section 482

Cr.P.C. for quashing of FIR No.80 dated 1st June, 2008, under Sections

469, 470, 471, 509 IPC, registered at Police Station City Dadri

(Annexure P-1) and the subsequent proceedings arising therefrom, on

the basis of compromise (Annexure P-2) arrived at between the parties.

Complainant/respondent No.2 is present in Court. She is

duly identified by her counsel. She has filed an affidavit, which is taken

on record as Mark ‘A’, admitting therein the factum of com promise

(Annexure P-2) arrived at between the parties. She states that she has

no objection if the present FIR is quashed.

The compromise is in the interest of the parties and after the

matter has been resolved by an amicable settlement, no useful purpose is
CRM No. M-29342 of 2008 2

likely to be served with continuance of the criminal proceedings, which

would be a futile exercise.

In view of the above, the present FIR and the consequent

proceedings deserve to be quashed in the light of the decision of Full

Bench of this Court in Kulwinder Singh and others Vs. State of

Punjab, 2007 (3) RCR (Crl.) 1052.

Resultantly, the present petition is allowed, the FIR and the

subsequent proceedings arising therefrom are quashed.

(RAJAN GUPTA)
JUDGE
February 11, 2009
‘rajpal’