Crl. Misc. No. M-380 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Crl. Misc. No. M-380 of 2009
Date of decision: February 17, 2009
Sukhdev Soni -Petitioner
Versus
State of Punjab & others -Respondents
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Deepak Arora, Advocate, for the petitioner.
Mr. Shilesh Gupta, DAG, Punjab.
Mr. GS Rawat, Advocate, for respondent No.2.
Rajan Gupta, J.(Oral)
The petitioner has filed this petition under Section 482 Cr.P.C.
for quashing of FIR No. 135 dated 21-011-2008 under Sections
406/420/465/468/120-B IPC, registered at police station Bhogpur District
Jalandhar (Annexure P-1) and the subsequent proceedings arising
therefrom, on the basis of a compromise arrived at between the parties.
Rani @ Rano, complainant-respondent No. 2 is present in
Court. She is duly identified by her counsel. She has filed an affidavit,
Mark ‘A’, admitting therein the factum of compromise arrived at between
the parties. She states that she has no objection if the present FIR is
quashed.
Learned State counsel (on instructions from HC Surjit Singh,
who is present in Court) states that an untraced report has been prepared in
this case. However, the same has not yet been filed.
Crl. Misc. No. M-380 of 2009 2
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, which
would be a futile exercise.
In view of the above, the present FIR and the consequent
proceedings deserve to be quashed in the light of the decision of a 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 hereby quashed.
[Rajan Gupta]
Judge
February 17, 2009.
‘ask’