Sunita Mehta And Another vs State Of Punjab And Others on 21 January, 2009

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH



                          Criminal Misc. -M No. 20813 of 2008 (O&M)
                          Date of decision : January 21, 2009


Sunita Mehta and another
                                              ....Petitioners
                          versus

State of Punjab and others
                                              ....Respondents


Coram:        Hon'ble Mr. Justice Pritam Pal


Present :     Mr. Sandeep Arora, Advocate for the petitioners
              Mr. Vishal Munjal, DAG Punjab
              Mr. Munish Bhardwaj, Advocate for respondent nos. 2 and 3


Pritam Pal,J. (Oral)

Petitioners have brought this petition under Section 482 of the

Code of Criminal Procedure for quashing of cross-case under sections 324,

323, 506, 34 IPC registered against them in main case F.I.R. No. 93 dated

7.7.2002 registered under Sections 452, 427, 323, 506 of the Indian

Penal Code at Police Station Division No. 3, Jalandhar and all subsequent

proceedings arising therefrom.

Without going into any further details, suffice it to say that the

aforesaid case was registered at the instance of Prem Parkash Makkar, father

of respondent nos. 2 and 3. Savinder Kumar respondent no. 2 is present in

the Court along with his counsel Sh. Munish Bhardwaj. During the

pendency of this case, Prem Parkash Makkar complainant had expired on

29.12.2007. In this regard, copy of death certificate (Annexure P/4), has

now been placed on the file by learned State counsel. It is also to add here
Criminal Misc. -M No. 20813 of 2008 (O&M) -2-

that the present case was registered as a cross-case on the statement of Prem

Parkash Makkar who was also an accused in the main FIR got registered by

Sunita Mehta petitioner no. 1. Now with the intervention of the

respectables, sons of deceased Prem Parkash complainant have arrived at a

compromise in this case. In this regard, compromise deed Annexure P/3

is also placed on the file.

In the given facts and circumstances, this Court feels that no

useful purpose would be served if the proceedings in the case in hand are

allowed to continue. Moreover, it would also be in the interest of peace and

harmony between the parties to close the chapter of this case.

In the result, this petition succeeds and consequently, cross-

case under sections 324, 323, 506, 34 IPC registered against the petitioners

in main case F.I.R. No. 93 dated 7.7.2002 registered under Sections

452, 427, 323, 506 of the Indian Penal Code at Police Station Division No.

3, Jalandhar and all subsequent proceedings arising therefrom, are hereby

ordered to be quashed, qua the petitioners.

                                                      ( Pritam Pal )
January 21, 2009                                            Judge
  'dalbir'