Crl.Misc.No.M-2006 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-2006 of 2009 Date of Decision: 17 - 3 - 2009 Ved Parkash and others .....Petitioners v. State of Haryana and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Gurinder Pal Singh, Advocate for the petitioners. Mr.S.S.Mor, Sr. DAG, Haryana. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition under Section 482 Cr.P.C. has been preferred by the petitioners seeking quashing of FIR No.437 dated 8.11.2008 registered at Police Station Sohna, District Gurgaon under Sections 420, 467, 468, 471, 506 and 120-B IPC. The quashing has been sought on the basis of compromise arrived between accused-petitioners and the complainant. It was alleged in the FIR that the complainant had parted with Rs.40 lacs as earnest money, in pursuance of agreement to sell, Annexure P-2. On 17.2.2009, this Court has passed the following order:- Crl.Misc.No.M-2006 of 2009 [2] “Counsel for the petitioners submit that compromise has been arrived between the parties and complainant has given an affidavit Annexure P-7. Counsel for State, on instructions from ASI Hans Raj state that amount of Rs.40 lacs paid as earnest money by the complainant, has been paid back to the complainant. Let the factum of compromise and return of amount to the complainant be verified by the Chief Judicial Magistrate, Gurgaon. Counsel for the petitioners has undertaken that he will ensure presence of complainant before the Chief Judicial Magistrate, Gurgaon. He further state that parties shall cause appearance before the Court of Chief Judicial Magistrate, Gurgaon on 27.2.2009 at 10.00 A.M.. Chief Judicial Magistrate, Gurgaon will not only verify the compromise arrived between the parties but also fact as to whether amount of Rs.40 lacs has been paid back to the complainant or not. He will also report whether complainant wishes to proceed with the present FIR or not. To await the report of Chief Judicial Magistrate, Gurgaon, adjourned to 17.3.2009. Copy of the order be given dasti on payment of usual charges. Copy of the order be also sent to Chief Judicial Magistrate, Gurgaon.” In compliance with order dated 17.2.2009, Chief Judicial Magistrate, Gurgaon has submitted the following report:- Crl.Misc.No.M-2006 of 2009 [3] “Application for recording statement of Raj Bahadur was filed by Shri Bhagat Singh, Adv. on 27.2.2009. However, the accused party had not appeared before the court. So on his request, the case was adjourned to 2.3.2009. On 2.3.2009, the parties appeared. Statemen of complainant and accused party have also been recorded. The complainant stated that he has compromised the matter without any pressure and of his own free will and in full sense. The written compromise has been filed before Hon'ble High Court. He does not want any action against Ved Parkash etc. and has received Rs.40 lacs. His statement has been recorded separately. The matter has been compromised by the complainant. He has received the amount of Rs.40 lacs back and does not want to proceed with the FIR.” From a perusal of the report submitted by the Chief Judicial Magistrate, Gurgaon, it is evident that the parties have amicably resolved the dispute. It has been held in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR (Criminal) 1052 that where a compromise has been effected between the parties, continuation of criminal proceedings will serve no useful purpose. Therefore, the impugned FIR along with all subsequent proceedings is quashed. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) March 17, 2009. JUDGE RC