Rajinder Kumar And Another vs State Of Punjab And Another on 24 March, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                               Crl. Misc No. M-2177 of 2009
                               Date of decision : 24.03.2009


Rajinder Kumar and another
                                                        ....Petitioners

                                       V/s


State of Punjab and another
                                                        ....Respondents

BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA

Present: Mr. A.K. Khunger, Advocate
for the petitioners.

Mr. K.D. Sachdeva, DAG Punjab
for respondent No. 1-State.

Mr. M.S. Rai, Advocate
for respondent No. 2.

RAJAN GUPTA J. (ORAL)

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

No. 278 dated 28.12.1999 (Annexure P-I) registered under sections

452/323/506/34 IPC at police station City, Abohar 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

compromise. The affidavit is taken on record as mark ‘A’.
Crl. Misc No. M-2177 of 2009 -2-

Learned counsel for the State submits that in case there is

compromise arrived at between the parties, the State shall not stand in the

way in 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 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.

24.03.2009                                              (RAJAN GUPTA)
Ajay                                                       JUDGE