CRM No. M-33689 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-33689 of 2009 (O&M)
Date of decision: 11.2.2009
Gurmukh Singh & others ...Petitioners
Versus
The State of Punjab & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. SPS Sidhu, Advocate, for the petitioners.
Mr. Shailesh Gupta, DAG, Punjab for respondent No.1.
Mr. N.S. Sodhi, 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.304 dated 16th September, 2002, under
Sections 420, 465, 467, 468, 471, 120-B IPC, registered at Police
Station Sadar, Ferozepur (Annexure P-1) and the subsequent
proceedings arising therefrom, on the basis of compromise/affidavit
(Annexure P-2).
The complainant and petitioner No.4 are stated to be real
brothers while petitioners No.1 to 3 are stated to be cousin brothers of
the complainant. 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
arrived at between the parties. He states that he has no objection if the
CRM No. M-33689 of 2009 2
present FIR is quashed.
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 11, 2009
‘rajpal’