Jagdish Chanana v. State Of Haryana

Jagdish Chanana v. State Of Haryana

(Supreme Court Of India)

Criminal Appeal No. 596 Of 2008 (Arising Out Of S.L.P.(Crl) No. 5194 Of 2006) In Crl.Application No. 25431 Of 2006 In Crl.M. No. 20115-M Of 2005 | 03-04-2008

1. Leave granted.

2. This appeal is directed against the order dated 24th July 2006 rejecting the prayer for quashing of FIR No.83 dated 12th March 2005 P.S. City Sonepat registered under Sections 419, 420, 465, 468, 469, 471, 472, 474 read with Section 34 of the IPC. During the pendency of these proceedings in this Court, Crl.Misc.Petition No.42/2008 has been filed putting on record a compromise deed dated 30th April 2007. The fact that a compromise has indeed been recorded is admitted by all sides and in terms of the compromise the disputes which are purely personal in nature and arise out of commercial transactions, have been settled in terms of the compromise with one of the terms of the compromise being that proceedings pending in court may be withdrawn or compromised or quashed, as the case may be.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 is unlikely that the prosecution will succeed in the matter. We also see that the dispute is a purely personal one and no public policy is involved in the transactions that had been entered into between the parties. To continue with the proceedings, therefore, would be a futile exercise. We accordingly allow the appeal and quash FIR No.83 dated 12th March 2005 P.S. City Sonepat and all consequent proceedings.

Advocate List
Bench
  • HON'BLE MR. JUSTICE TARUN CHATTERJEE
  • HON'BLE MR. JUSTICE HARJIT SINGH BEDI
Eq Citations
  • (2008) 15 SCC 704
  • 2008 (2) ACR 2145 (SC)
  • AIR 2008 SC 1968
  • 2008 CRILJ 2237
  • 2008 GLH (2) 53
  • 2008 (3) PLJR 384
  • 2008 (3) MPHT 1 (SC)
  • (2008) 40 OCR 381
  • JT 2008 (4) SC 511
  • 2008 (4) SCALE 411
  • LQ/SC/2008/841
Head Note

IPC, 1860 — Ss. 419 to 420, 465 to 469, 471 to 474 and 34 — FIR registered under — Appeal against rejection of prayer for quashing of FIR — During pendency of appeal, compromise deed filed in Supreme Court — Disputes purely personal in nature and arising out of commercial transactions settled in terms of compromise with one of terms being that proceedings pending in court may be withdrawn or compromised or quashed — In light of compromise, it is unlikely that prosecution will succeed — Dispute purely personal and no public policy involved — To continue with proceedings would be a futile exercise — FIR and all consequent proceedings quashed — Criminal Procedure Code, 1973, S. 482