CRM No. M-11738 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-11738 of 2009 (O&M)
Date of decision: 10.7.2009
Akshdeep Singh and others ...Petitioners
Versus
State of U.T. Chandigarh & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Narula, Advocate, for the petitioners.
Mr. N.S. Shekhawat, Advocate, for U.T. Chandigarh.
Mr. Kunal Dawar, Advocate, for respondent No.2.
Rajan Gupta, J.
The petitioners have filed this petition under Section 482
Cr.P.C. for quashing of FIR No.21 dated 8th February, 2009, under
Sections 452, 323, 506 read with Section 34 IPC, registered at Police
Station Sector 3, Chandigarh (Annexure P-1) and the subsequent
proceedings arising therefrom, on the basis of compromise (Annexure
P-2) arrived at between the parties.
Complainant/respondent No.2, namely, Radhwinder Singh
@ Raghwinder Singh and the injured namely, Saurav Parashar are
present in Court. They are duly identified by their counsel. They have
filed their separate affidavits, which are taken on record as Mark ‘A’ and
Mark ‘B’ admitting therein the factum of compromise (Annexure P-2)
arrived at between the parties. They state that they have no objection if
CRM No. M-11738 of 2009 2
the present FIR is quashed.
Learned counsel for the State submits that in view of the
fact that the parties have compromised the matter, the State would not
stand in the way of quashing of the FIR.
The compromise is in the interest of the parties and after the
matter has been resolved by an amicable settlement, no useful purpose is
likely to be served with continuance of the criminal proceedings.
In view of the above, the present FIR and the consequent
proceedings deserve to be quashed in the light of the decision of Full
Bench of this Court in Kulwinder Singh and others Vs. State of
Punjab, 2007 (3) RCR (Crl.) 1052.
Resultantly, the present petition is allowed, the FIR and the
subsequent proceedings arising therefrom are quashed.
(RAJAN GUPTA)
JUDGE
July 10, 2009
‘rajpal’