Criminal Misc. No. 55551-M of 2004 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 55551-M of 2004 Date of decision January 28, 2008 Naveen Nayyar .....Petitioner Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. M.K.Dogra, Advocate for the petitioner. Mr. Palvinder Singh, Senior Deputy Advocate General, Punjab. 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 of FIR No. 2 dated January 28, 2004 registered under Sections 406/420 IPC at Police Station, Dhilwan, District Kapurthala and all subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that dispute between the parties has already been settled and in terms thereof the petitioner had already paid a sum of Rs. 80,000/- to the complainant. Notice of motion was issued to the respondents on November 29, 2004 for January 31, 2005 and service on respondent no.2 complainant was effected on December 18, 2004 but he has not put in appearance. Learned counsel for the petitioner submitted that compromise between the parties was effected during the pendency of petition filed by the petitioner for anticipatory bail bearing Criminal Misc. No. 38466-M of 2004 and during those proceedings even the complainant had appeared in person, Criminal Misc. No. 55551-M of 2004 -2- *** wherein after hearing learned counsel for the parties including the complainant in person, this Court on October 26, 2004, passed the following order:- “Learned counsel for the petitioner and the complainant pray for time to finalise the settlement which has been amicably reached at. It is accepted by the learned counsel for the petitioner as also the complainant that in consequence of the settlement a sum of Rs. 40,000/- has been paid by the petitioner to the complainant and that balance sum of Rs. 40,000/- more is to be paid. Learned counsel for the petitioner states that he may be granted one month’s time to pay the balance amount.” On the next date of hearing i.e. December 2, 2004, it is recorded that balance amount of Rs. 40,000/- was paid by the petitioner to the complainant in Court and statement was made on behalf of the complainant that as the matters stands settled finally, he has no objection to the anticipatory bail being confirmed. A perusal of the proceedings in the above referred case clearly shows that complainant had admitted the fact of compromise and also receipt of money in terms of the compromise. Once the issues between the parties have already been settled, no useful purpose will be served in proceeding with the prosecution. Accordingly, FIR No. 2 dated January 28, 2004 registered under Sections 406/420 IPC at Police Station, Dhilwan, District Kapurthala and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. January 28 , 2008 (Rajesh Bindal) Pka Judge