Harvinder Kaur And Others vs State Of Haryana And Another on 15 April, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                Crl. Misc No. M-31490 of 2008
                                Date of decision : 15.04.2009


Harvinder Kaur and others
                                                        ....Petitioners

                                       V/s


State of Haryana and another
                                                        ....Respondents.

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Sandeep S.Majithia, Advocate
for the petitioners.

Mr. Shailesh Gupta, DAG Punjab
for the respondent No. 1-State.

Mr. Jatinder Singh, Advocate
for respondent No. 2.

RAJAN GUPTA J. (ORAL)

This is a petition for quashing of the FIR No. 179 dated

24.08.2008 registered under Sections 307, 323, 506, 148, 149 and 427 IPC

at police station ‘B’ division Amritsar on the basis of compromise (Annexure

P-2) arrived at between the parties.

Counsel for the petitioners submits that the matter has been

amicably settled by the parties and the complainant does not want to press

the charges.

Learned counsel for the complainant does not dispute this

statement made by counsel for the petitioner.

Counsel for the State has also filed a reply by way of an

affidavit of Manwinder Singh, PPS, Deputy Superintendent of Pollice City-

1, Amritsar. According to the said affidavit, offence under Section 307 IPC

has not been proved and has been deleted from the FIR. Learned counsel
Crl. Misc No. M-31490 of 2008 -2-

for the State further submits that in case a compromise has been arrived at

between the parties, the State shall not stand in the way of quashing of the

FIR in question.

Learned counsel for the complainant has referred to the

affidavit of the complainant filed on 29.01.2009, when he was present in

Court and has pointed out that the complainant had clearly stated therein

that he had no objection to quashing of the FIR in question.

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.

15.04.2009                                              (RAJAN GUPTA)
Ajay                                                       JUDGE