Criminal Misc. No. M-5767 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-5767 of 2009 Date of decision: May 25, 2009 Dr. Deepak Sharma -Petitioner Versus State of Haryana & others -Respondents Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. RN Lohan, Advocate, for the petitioner. Mr. KC Gupta, AAG, Haryana, for respondents No.1 to 4. Mr. NK Sanghi, Advocate, for respondent No. 5. Rajan Gupta, J.(Oral) The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 57 dated 28-2-2008 under Sections 506 IPC and 25/54/59 of Arms Act, registered at Police Station Sector 5 Gurgaon and FIR No. 231 dated 5-11-2008, under Sections 406,420 IPC, registered at police station Old Sector 5, Gurgaon as also the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-3 ) arrived at between the parties. Faather of complainant/respondent No.5 is present in Court. He is duly identified by Mr. Sanghi. He has filed an affidavit, which is taken on record as Mark 'A', wherein he admits the factum of compromise Criminal Misc. No. M-5767 of 2009 2 (Annexure P-3 ) arrived at between the parties. He states that he has no objection if the present FIRs are quashed. Paras 2 & 3 of his affidavit read thus: 2. That the dispute has amicably been settled between the parties with the help of relatives and friends, wherein it was agreed that the petitioner will pay an amount of Rs.3.50 lacs to respondent No.5 and consequently respondent No. 5 has received an amount of Rs.2,50,000/- by cheques and a draft of Rs. 1,00,000/- bearing No. 279324 dated 22-5-2009 of the Gurgaon Gramin Bank. The above said cheques of Rs.2,50,000/- have been encashed by respondent No. 5 and the cheque bearing No. 000030 dated 28-2-2009 has not been presented by respondent No. 5 for encashment and an amount of Rs. 1,00,000/- through the above said draft have been taken by respondent No. 5. The respondent No. 5 will not present the above said cheque No. 30 dated 28-2-2009 for encashment and will not claim any payment against the above said cheque. 3. That now both the parties have settled their dispute amicably with the kind intervention of relative, friend and other brotherhood and now the parties have resolved the issue and amicably settled their all disputes and have no objection for quashing of the above noted FIR(s) against the petitioner.” Learned State counsel submits that it being a private dispute between the parties, the State would not stand in the way of quashing of the FIRs in question in case there is a compromise. The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose shall be served with continuance of the criminal proceedings, which would be a futile exercise. In view of the above, the present FIRs deserve to be quashed in the light of the decision of Full Bench of this Court in Kulwinder Singh Criminal Misc. No. M-5767 of 2009 3 and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052. Resultantly, the present petition is allowed, the impugned FIRs and the subsequent proceedings arising therefrom are hereby quashed. [Rajan Gupta] Judge May 25, 2009. 'ask'