2008 Supreme(SC) 598

2008(3) Supreme 23
SUPREME COURT OF INDIA
Tarun Chatterjee & Harjit Singh Bedi, JJ.
Jagdish Chanana & Ors. — Petitioner
versus
State of Haryana & Anr. — Respondents
Appeal (crl.) 596 of 2008
Decided on : 03.04.2008

Headnote:Indian Penal Code, 1860 – Sections 419, 420, 465, 468, 469, 471, 472, 474 read with Section 34 – Registration of FIR – Petition for quashment-Dismissed- Appeal against order rejecting prayer for quashing of FIR- Compromise entered into between parties during pendency of proceedings-Fact that a compromise had indeed been recorded was admitted by all sides- In terms of compromise disputes which were purely personal in nature and arose out of commercial transactions, had been settled in terms of compromise with one of terms of compromise being that proceedings pending in court may be withdrawn or compromised or quashed, as the case may be- In the light of the compromise, it was unlikely that prosecution would succeed in matter – Hence held,that to continue with proceedings, would be a futile exercise – Appeal accordingly allowed quashing FIR and all consequent proceedings. (Para 2)

       Facts of the Case :

        Present appeal has been filed against order rejecting prayer for quashing of FIR registered under Sections 419, 420, 465, 468, 469, 471, 472, 474 read with Section 34 of IPC.

       Findings of the Court :

        The Court held that a Compromise had been entered into between parties during pendency of proceedings. Fact that a compromise had indeed been recorded was admitted by all sides. In terms of compromise disputes which were purely personal in nature and arose out of commercial transactions, had been settled in terms of compromise with one of terms of compromise being that proceedings pending in court may be withdrawn or compromised or quashed, as the case may be. In the light of the compromise, it was unlikely that prosecution would succeed in matter. Hence, held that to continue with proceedings, would be a futile exercise. Appeal was accordingly allowed quashing FIR and all consequent proceedings.

       Result : Appeal allowed.