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
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in terms of the compromise with one of the terms of the compromise being that proceedings pending in court may be withdrawn or compromised or quashed, as the case may be.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.
Advocates List
For the Appellants Pradeep Kumar Bakshi, Advocate. For the Respondents Rajeev Gaur ?Nazeem?, T.V. George, Dharmendra Kumar Sinha, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE TARUN CHATTERJEE
HON'BLE MR. JUSTICE HARJIT SINGH BEDI
Eq Citation
(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
HeadNote
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commercial transactions settled in terms of compromise with one of terms being that proceedings pending in court may be withdrawn or compromised or quashed — In light of compromise, it is unlikely that prosecution will succeed — Dispute purely personal and no public policy involved — To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
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