Parvinder Singh And Others vs State Of Haryana And Another on 17 February, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                 Crl. Misc No. M-33583 of 2008
                                 Date of decision : 17.02.2009


Parvinder Singh and others
                                                          ....Petitioners

                                        V/s


State of Haryana and another
                                                          ....Respondents.

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. Naresh Kaushik, Advocate
for the petitioners.

Mr. K.C. Gupta, AAG Haryana
for respondent No. 1-State.

Mr. Jarnail Singh Saneta, Advocate
for the respondent No. 2.

RAJAN GUPTA J. (ORAL)

This is a petition under Section 482 Cr.P.C. for quashing of FIR

No. 415 dated 29.08.2002 registered under sections 498-

A/406/323/504/506/34 IPC at police station Sector – 5, Panchkula (Haryana)

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
Crl. Misc No. M-33583 of 2008 -2-

compromise. The affidavit is taken on record as mark ‘A’.

Learned State counsel has pointed out that statement of

respondent No. 2 was recorded, wherein, she has stated that a compromise

had been arrived at between the parties. The said compromise is annexed as

Annexure R-1 to the reply filed by the State.

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.

17.02.2009                                              (RAJAN GUPTA)
Ajay                                                       JUDGE