CRM No. M-29802 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-29802 of 2009 (O&M)
Date of decision: 18.11.2009
Jasmanpreet Singh & others ...Petitioners
Versus
State of Punjab & another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. K.S. Chahal, Advocate, for the petitioners.
Mr. Shailesh Gupta, DAG, Punjab.
Ms. Jigyasa Tanwar, Advocate, for respondent No.2.
Rajan Gupta, J (oral).
The petitioners have filed this petition under Section 482
Cr.P.C. for quashing of FIR No.110 dated 10th September, 2009, under
Sections 366, 511, 427, 293, 294, 506 read with Section 34 IPC,
registered at Police Station Sudhar, District Ludhiana Rural, District
Ludhiana (Annexure P-1) and the subsequent proceedings arising
therefrom, on the basis of compromise (Annexure P-2) arrived at
between the parties.
Learned counsel for the State has pointed out that keeping
in view the nature of crime, where the petitioners have made obscene
calls to the sister-in-law of the complainant and also tried to follow her
and harassed her on the road and market, some heavy costs need to be
imposed upon them.
CRM No. M-29802 of 2009 2
Under the circumstances, learned counsel for the petitioners
undertakes that the petitioners shall remit Rs.30,000/- as compensation
to the complainant and also remit an amount of Rs.10,000/- as costs
incurred by the State after investigating machinery was set into motion
due to registration of FIR.
In facts and circumstances of the case, it will be in the
interest of the parties that FIR in question is quashed. No useful
purpose is likely to be served with continuance of the criminal
proceedings in view of amicable settlement of the same.
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 subject to the
petitioners complying with the undertaking aforesaid. The amount of
compensation (Rs.30,000/-) and costs (Rs.10,000/-) will be paid to the
complainant and Punjab State Legal Services Authority respectively by
the petitioners, within a month from the receipt of certified copy of this
order.
A copy of this order be sent to the Punjab State Legal
Services Authority, Chandigarh.
(RAJAN GUPTA)
JUDGE
November 18, 2009
‘rajpal’