IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-6750 of 2009 (O&M) Date of decision: 31st March, 2009 T.R. Ramesh … Petitioner Versus State of Haryana and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Atul Mahajan, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. Mr. Gautam Dutt, Advocate for the complainant. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc. No. 16311 of 2009 Application is allowed. Documents (Annexures P-5 to P-8) are taken on record. Criminal Misc. No. M-6750 of 2009 Present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No. 262 dated 17.07.2000 registered at Police Station Sarai Khawaja, Faridabad under Sections 406, 420 IPC. Quashing of the FIR has been sought on the basis of compromise. FIR has been attached as Annexure P-1. It has been stated that petitioner T.R. Ramesh is Managing Director of the Company, M/s Simplicity Engineers Pvt. Ltd. The Company of the petitioner has to supply Criminal Misc. No. M-6750 of 2009 (O&M) equipment to the complainant. It is stated that equipment was not in accordance with the specifications and therefore, the advance amount paid was misappropriated by the petitioner. Earlier, petitioner had filed a petition for quashing of the chargesheet, in which notice of motion was issued. Later, petitioner was relegated to file revision before the Court of Sessions Judge by a Coordinate Bench. It is stated that during the pendency of the proceedings, memorandum of settlement between the Company of the accused and the complainant Company has been arrived at. The same has been attached as Annexure P-3. Mr. Gautam Dutt appearing for the complainant Company has stated that the compromise has been arrived at between the parties and he has received a communication from the complainant Company. Photocopy of the communication has been placed on record. Case is pending before the trial Court for recording of prosecution evidence. A perusal of FIR shows that it is essentially a civil dispute between the parties and the amount paid by the complainant Company was to be adjusted. Now, by memorandum of settlement, monetary dispute between the parties has been resolved, therefore, continuation of the proceedings may not serve any purpose. It has been held by a Full Bench of this Court in ‘Kulwinder Singh and others v. State of Punjab and another’, 2007 (3) RCR (Criminal) 1052 that where a compromise has been arrived at between the parties, no useful purpose will be served by pursuing the criminal litigation. 2 Criminal Misc. No. M-6750 of 2009 (O&M) In view of the law laid in Kulwinder Singh’s case supra, present petition is allowed and FIR No. 262 dated 17.07.2000 registered at Police Station Sarai Khawaja, Faridabad under Sections 406, 420 IPC, along with all subsequent proceedings, is quashed. [KANWALJIT SINGH AHLUWALIA] JUDGE March 31, 2009 rps 3