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2006 Supreme(P&H) 2018

RAJIVE BHALLA
Manish Bhandari – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. Prayer in the present petition is for quashing of FIR No.173, dated 4.7.2005, registered under Sections 420/379/409/506 of the IPC, at police Station Nawanshahar.

2. Counsel for the petitioners contends that petitioner No.1 is an architect and petitioner No.2 works with him. Petitioner No.1 was granted a contract by respondent No.2, to construct his house. A written agreement dated 28.6.2002 was executed. Thereafter, differences arose as to the construction of the house, and respondent No.2 lodged the aforementioned FIR.

3. Counsel for the petitioners submits that though the FIR was lodged, under Sections 420/379/409/506 of the IPC, a report has been filed, under Sec.420 of the IPC. It is further contended that on 14.11.2005, they amicably settled the dispute, by way of a formal deed of final settlement dated 19.11.2005 (Annexure P-3 ). It is further argued that the fir, as also all proceedings emanating therefrom be quashed.

4. Counsel for respondent No.2 does not deny the factum of settlement, between the parties. He prays that as the parties have resolved their differences and as the offence is compoundable with the permission of the Court, the present FIR be quashed.


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