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2011 DIGILAW 1067 (PNJ)

Ravi Sharma v. State of Haryana

2011-04-19

DAYA CHAUDHARY

body2011
JUDGMENT DAYA CHAUDHARY, J. - The present petition under Section 482 Cr.P.C. has been filed on behalf of Ravi Sharma for quashing of FIR No. 240 dated 1.12.2008 registered under Sections 406/420/34 IPC at Police Station Madhuban, District Karnal. 2. While issuing notice of motion on 9.10.2009, following contention of learned counsel for the petitioner was recorded:- “Learned counsel for the petitioner, inter alia, contends that petitioner is only working as an Accountant in M/s Mahindra and Mahindra Financial Services Limited, Karnal. The matter has already been compromised between the main accused and the complainant. In Crl. Misc. No. M-3216 of 2008, this Court had already quashed FIR No. 240 dated 1.12.2008 registered under Sections 406,420,34 IPC at PS Madhuban District Karnal, against Raghbir Singh and Vivek Singh vide order dated 11.2.2009 and in the other petition, namely, Crl. Misc. No. M-33113 of 2008, the aforesaid FIR has been quashed against Ramesh Iyer, Managing Director of Mahindra and Mahindra Financial Services Limited vide order dated 18.5.2009.” 3. Learned counsel for the petitioner contends as the matter has been compromised between the parties and necessary payment with regard to disputed amount has been made, FIR qua to main accused, namely, Raghbir Singh and Vivek Singh, has already been quashed by this Court vide order dated 11.2.2009. Learned counsel further contends that since the allegations qua the present petitioner are also same and identical, no purpose would be served by allowing the petitioner to face the trial. 4. Learned counsel for the respondent-State has also not controverted the factum of compromise and quashing of aforesaid FIR qua Raghbir Singh and Vivek Singh. 5. Since the FIR has already been quashed qua main accused, namely, Raghbir Singh and Vivek Singh on the basis of compromise and payment has already been made and allegations against the petitioner are also same and identical, no purpose would be served by allowing the petitioner to face the trial. This view has been affirmed by the Division Bench of this Court in Crl. A. No. D-638-DB of 2007 decided on 17.3.2011, titled as Sudo Mandal @ Diwarak Mandal Vs. State of Punjab. 6. In view of the above, the present petition is allowed and FIR No. 240 dated 1.12.2008 registered under Sections 406/420/34 IPC at Police Station Madhuban, District Karnal and all subsequent proceedings arising there from are quashed.