Criminal Misc.

No. 44824-M of 2006 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc.

No. 44824-M of 2006 (O&M)

Date of decision : March 12, 2008

Sandeep Kumar

.....Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

Present: Mr. Navdeep Singh, Advocate for the petitioner

Mr. Ajay Ghangas, Deputy Advocate General, Haryana for

respondent No. 1

Mr. Krishan Singh, Advocate for respondent no. 2/complainant.

RAJESH BINDAL J.

The prayer made in this petition filed under Section 482 of the

Code of Criminal Procedure ( for short “the Code”) is for quashing FIR No.

385 dated December 21, 2004 registered under Sections 406, 498 A and

323 IPC at Police Station, Farrukpur, District Yamuna Nagar and all

subsequent proceedings arising therefrom on the basis of compromise

having been effected between the parties.

Learned counsel for the petitioner submitted that the dispute

between the parties has been settled amicably by way of compromise which

has been reduced in writing. Copy thereof is placed on record as Annexure

P-2. Learned counsel further submitted that both the parties are living in

United State of America and divorce has been granted in a petition filed by

the petitioner and Suman Bala, who is daughter of respondent no.2/

complainant vide order dated February 06, 2007 (Annexure P-8) passed by

Circuit Court of Cook County. Learned counsel further submitted that as

per terms of compromise an amount of Rs. 13,00,000/- has been paid

Criminal Misc.

No. 44824-M of 2006 (O&M)

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through bank draft bearing Nos. 0002/2006 dated July 10, 2006 and No.

0004/2006 dated July 29, 2006 amounting to Rs. 6,50,000/- each drawn at

Punjab National Bank, Model Town, Yamuna Nagar. The FIR in question

qua co-accused who are mother, brother and sister-in-law has already been

quashed by this Court vide order dated December 6, 2007 passed in

Criminal Misc. No. 2152-M of 2005 and Criminal Misc. No. 61119-M of

2005. Reliance has been placed upon a five Judge Bench judgment of this

Court in Kulwinder Singh v. State of Punjab 2007 (3) Law Herald (P&H)

2225.

The facts stated by the petitioner are not disputed by learned

counsel for respondent no. 2/complainant.

Once the matter has been compromised between the parties, no

useful purpose will be served in proceeding with the prosecution.

Accordingly, considering the law laid down by this Court in Kulwinder

Singh's case (supra), FIR No. 385 dated December 21, 2004 registered

under Sections 406, 498 A and 323 IPC at Police Station, Farrukpur,

District Yamuna Nagar and all subsequent proceedings arising therefrom

are quashed.

The petition is disposed of accordingly.

March 12, 2008

(Rajesh Bindal)

Pka

Judge