IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-31792 of 2008
Date of decision : 20.02.2009
Goldy and others
....Petitioners
V/s
State of Punjab and another
....Respondent.
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. L.M. Gulati, Advocate
for the petitioners.
Mr. Shailesh Gupta, DAG Punjab.
Mr. P.K. Garg, Advocate
for the respondent No. 2/complainant.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR
No. 91 dated 29.08.2002 (Annexure P-I) registered under sections
452/427/506/34 IPC at police station Sultanwind, Amritsar and all
subsequent proceedings arising therefrom on the basis of compromise.
Counsel for the petitioners as well as respondent No. 2 have
pointed out that both the parties are present in Court today. They have been
duly identified by their respective counsel. Learned counsel for the
respondent No. 2 has stated that an affidavit has been filed on behalf of the
complainant/respondent No. 2 in which it has been stated that petitioners
and respondent No. 2 have compromised the matter. The
complainant/respondent No. 2 has further stated that she has no interest in
pursuing the FIR in question and thus the same be quashed on the basis of
compromise. The affidavit is taken on record as mark ‘A’.
Crl. Misc No. M-31792 of 2008 -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.
In view of the above, the present FIR and the consequent
proceedings arising therefrom 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 in question
and the subsequent proceedings arising therefrom are quashed.
20.02.2009 (RAJAN GUPTA) Ajay JUDGE
