CRM No. M-657 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-657 of 2009
Date of decision: 26.02.2009
Buta Khan and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. A.S. Kalra, for the petitioners.
Mr. Shailesh Gupta, DAG, Punjab for respondent No.1.
Mr. Rahul Sharma, 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.94 dated 12th September, 2003, under
Sections 326, 324, 323 read with Section 34 IPC, registered at Police
Station Raikot, District Ludhiana (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 is present in Court. He is
duly identified by his counsel. He has filed an affidavit, which is taken
on record as Mark ‘A’ admitting therein the factum of compromise
(Annexure P-2) arrived at between the parties. He states that he has no
objection if the present FIR is quashed.
Learned counsel for the State (on the instructions from ASI
Malkeet Singh, who is present in Court) submits that though charges
CRM No. M-657 of 2009 2
have been framed in this case, prosecution evidence has not been led so
far. The State counsel further submits that in view of the compromise
between the parties, the State will 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, 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 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
February 26, 2009
‘rajpal’