IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. 12289-M of 2008
DATE OF DECISION : AUGUST 5, 2008
RAVI KUMAR AND ANOTHER ...... PETITIONER(S)
VERSUS
STATE OF HARYANA & ANR. ..... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Jitender Dhanda, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
Mr. Rajeev Kaswan, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of
Criminal Procedure, for quashing of FIR No.311 dated 3.12.2007, under
Sections 379, 420, Indian Penal Code, Police Station, Uklana, District
Hisar (Annexure P-1).
The contention of the learned counsel for the petitioners is that
there was an allegation of theft of cheques. Even complaints for
commission of offences under Section 138 of the Negotiable Instruments
Act were filed; the same, however, were withdrawn as the parties had
entered into a compromise. Respondent No.2/complainant-Raghubir Jain,
is present in person, as identified by Shri Rajeev Kaswan, Advocate. Even
an affidavit has been filed wherein it has been pleaded that the complainant
Criminal Misc. 12289-M of 2008 2
would have no objection if the proceedings against the petitioners are
quashed.
It seems that the issue between the petitioners and respondent
No.2 was commercial in nature. The matter having been settled and
respondent No.2 showing no inkling of prosecuting the petitioners and not
bringing any evidence, continuance of proceedings would result in
wastage of time of the court.
Having regard to the facts and circumstances of the case and
in particular the statement given by respondent No.2 the petition is
allowed. FIR (Annexure P-1) along with all subsequent proceedings is
quashed.
August 5, 2008 ( AJAI LAMBA ) Kang JUDGE