IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.15108-M of 2008
DATE OF DECISION : AUGUST 8, 2008
MANVIR SINGH & ANR. ....... PETITIONER(S)
VERSUS
STATE OF HARYANA AND ANR. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr.RM Singh, Advocate, for the petitioner(s).
Mr. Narender Sura, AAG, Haryana.
Mr. Satinder Rana, 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.95 dated 13.4.2008 under
Sections 406, 420, Indian Penal Code, Police Station, DLF Phase-II,
Gurgaon (Annexure P-1) and subsequent proceedings.
The contention of the learned counsel for the petitioners is that
there was a dispute with regard to a Ford Fiesta car, which was to be
purchased by respondent No.2-Kuldip Mewara. The terms were settled, the
car was purchased and the delivery of the car was given to the complainant.
There, however, was some misunderstanding with regard to the condition
of the vehicle, on account of which, the FIR (Annexure P-1) came to be
lodged. Now that the misunderstanding has been removed, respondent
Criminal Misc.15108-M of 2008 2
No.2-complainant does not want to prosecute the petitioners.
Respondent No.2-Kuldip Mewara, as identified by Shri S.K.
Rana, Advocate, is present in court. Respondent No.2 has endorsed the
factum of compromise and has prayed that the FIR and subsequent
proceedings be quashed. An affidavit in support of the contention of the
complainant has also been filed in court, which has been taken on record.
Learned counsel for the respondent-State states that in view
of the compromise having been effected between the parties, he has no
objection if the FIR and the proceedings are quashed.
Having regard to the nature of the offence that it arises out of
a commercial transaction and the fact that the dispute has been settled
between the parties, the petition is allowed. FIR (Annexure P-1) and
subsequent proceedings are quashed.
August 8, 2008 ( AJAI LAMBA ) Kang JUDGE