CRM No. M-18606 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-18606 of 2009 (O&M)
Date of decision: 3.8.2009
Jitender Kumar and others ...Petitioners
Versus
State of Punjab and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Bhrigu Dutt Sharma, Advocate, for the petitioners.
Mr. Shailesh Gupta, DAG, Punjab.
Mr. Narinder Lucky, 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.334 dated 31st October, 2006, under
Sections 406, 498-A read with Section 34 IPC, registered at Police
Station City Phagwara, District Kapurthala and the subsequent
proceedings arising therefrom, on the basis of compromise (Annexure
P-1) arrived at between the parties.
Notice of motion to the respondents.
On asking of the Court, Mr. Shailesh Gupta, DAG, Punjab
(State counsel) accepts notice.
Complainant/respondent No.2 is present in Court. She is
duly identified by her counsel. She has filed an affidavit, which is taken
on record as Mark ‘A’ admitting therein the factum of compromise
CRM No. M-18606 of 2009 2
(Annexure P-1) arrived at between the parties. Three drafts of
Rs.25,000/- each have been handed over to the complainant-respondent
No.2 in Court. The photo copy of the same are taken on record as
Marks ‘B’ ‘C’ & ‘D’. She states that she has no objection if the present
FIR is quashed.
Learned counsel for the State submits that in view of the
fact that the present FIR is regarding a matrimonial dispute, the State
would 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.
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
August 03, 2009
‘rajpal’