Crl.Misc.No.M-27317 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No.M-27317 of 2009 Date of Decision: 16.12.2009 Sanjay Taneja .....Petitioner Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. J.S. Mehndiratta,Advocate for the petitioner. Mr. Harinder S. Beniwal, DAG, Haryana for respondent no.1. Mr. Gautam Dutt, Advocate for respondents no.2 and 3. .... RAJIVE BHALLA, J (Oral) Prayer in this petition is for quashing of FIR No.293 dated 25.7.2008, registered under Sections 467,420,471,120-B IPC, at Police Station Sector 55, Faridabad, and all subsequent proceedings emanating therefrom, on the basis of a compromise Annexure P-3. Counsel for the petitioner submits that the petitioner and respondents no.2 and 3(the complainants) have resolved their differences and executed a written compromise Annexure P-3. In accordance with the terms and conditions of the compromise, the complainants have sold the property in dispute to the petitioner by way of a registered sale deed dated 26.5.2009. In addition, counsel for the petitioner prays that an attested copy of the sale deed may be taken on record and the FIR be quashed. The sale deed is taken on record and is assigned Mark `A'. Counsel for respondents no.2 and 3 submits that they acknowledge the correctness of the compromise, the execution of the sale deed dated 26.5.2009 and have no objection, if the FIR and all subsequent Crl.Misc.No.M-27317 of 2009 2 proceedings emanating therefrom are quashed. Sh. Mehar Chand Mittal, respondent no.2 has filed an affidavit dated 15.9.2009 attested on 18.9.2009, which is taken on record and is assigned as Mark `B'. Sh. Mehar Chand Mittal S/o Faquir Chand Mittal R/o H.No.421, Sector 16-A, Faridabad, is present in court and has been duly identified by his counsel. Sh.Mehar Chand Mittal states that he and his wife Bimla Mittal acknowledge the correctness of the compromise, the execution of the sale deed and have no objection, if the FIR and all subsequent proceedings emanating therefrom are quashed. Counsel for the petitioner and respondents no.2 and 3 pray that in view of bonafide settlement between the parties, the FIR and all subsequent proceedings emanating therefrom be quashed. Counsel for the State of Haryana submits that as parties have entered into a compromise, the State does not oppose the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom. I have heard learned counsel for the parties, perused the FIR, the compromise (Annexure P-3), the sale deed Mark `A' and the affidavit filed by Sh. Mehar Chand Mittal S/o Faquir Chand Mittal, respondent no.2 dated 15.9.2009 attested on 18.9.2009 (Mark `B'). As the petitioner and respondents no.2 and 3 have resolved their differences amicably by way of a bonafide compromise, free from any fraud, coercion or undue influence, the continuation of a trial would be an exercise in futility. A compromise or a settlement, serves the immediate purpose of parties as it enables them to proceed with their lives without illwill or rancour. In view of the compromise, the witnesses are not likely to support the prosecution. To permit prosecution to proceed further would, in my Crl.Misc.No.M-27317 of 2009 3 considered opinion be an exercise in futility, an unnecessary wastage of public money and valuable court time. A Full Bench of this Court in Kulwinder Singh and others V. State of Punjab and another, 2007(3) RCR (Crl.) 1052, has held that, in the exercise of powers under Section 482 of the Code of Criminal Procedure, this Court may in appropriate cases, quash an FIR disclosing the commission of non compoundable offences. In view of what has been stated herein above, as the prayer for quashing of the FIR and all subsequent proceedings emanating therefrom does not suffer from any legal impediment, the present petition is allowed and the FIR No.293 dated 25.7.2008, registered under Sections 467,420,471,120-B IPC, at Police Station Sector 55, Faridabad and all subsequent proceedings emanating therefrom, are quashed. 16.12.2009 (RAJIVE BHALLA) GS JUDGE