Shamsher Singh @ Sher Singh and Others vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482 Cr.P.C. seeking quashing of case FIR No. 28 dated 13.1.2009 registered at Police Station Assandh, District Karnal under Sections 406, 420, 467, 468, 471, 323, 506, 120-B IPC.

In the present case, FIR was lodged on basis of a complaint instituted by respondents No. 2 and 3. The complaint was referred to the police, on the basis of which FIR was registered. It is stated that accused had entered into an agreement to sell and received an amount of Rs. 4.50 lacs as earnest money and later they had not executed the sale deed in favour of complainants but petitioners No. 1 to 3 who had executed an agreement to sell, had sold the land to petitioners No. 4 to 7.

Mr. Balraj Gujjar, Advocate has caused appearance on behalf of respondents No. 2 and 3 and placed on record their reply by way of affidavit. It has been stated therein that with the intervention of respectables, the matter has been compromised and they do not wish to continue with the FIR. Respondents No. 2 and 3 Narwair Singh and Baltar Singh are present in Court. They have stated that they have received the amount of earnest money along with compensation. Therefore, the dispute being civil in nature has been resolved and they do not wish to pursue the present FIR. Narwair Singh and Baltar Singh have been identified by Mr.Balraj Gujjar, Advocate.

It has been held in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR (Cri) 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.