IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.33988 M of 2008 (O&M)
Date of decision: 22.1.2009.
Rajwinder Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR.JUSTICE HARBANS LAL
Present: Mr.Aman Bahri, Advocate for the petitioners
Mr.TS Salana, DAG, Punjab
Mr.Kunal Mulwani, Advocate
for respondent No.2- complainant
***
Harbans Lal, J.
This petition has been moved by Rajwinder Singh and others
under Section 482 of the Code of Criminal Procedure seeking quashing of
FIR No.117 dated 28.5.2004, (Annexure P-1) registered under Sections
498A, 506, 323, 34 of the Indian Penal Code at Police Station Sadar Khanna
and all consequential proceedings arising therefrom, on the ground of
compromise (Annexure P- 2 ).
The grounds pleaded are that the parties have compromised the
matter with the intervention of the respectables, therefore, no useful purpose
would be served if the proceedings are allowed to continue. A compromise
deed dated 18.12.2008 (Annexure P-2) has been executed between the
parties. Complainant has also sworn an affidavit (Annexure P-3) wherein
she has stated that she has no objection if the FIR in question is quashed as
the matter has been compromised.
CRM No.33988 M of 2008 (O&M) -2-
Mr.Kunal Mulwani, Advocate appearing on behalf of
respondent No.2- complainant has also conceded this fact.
In view of the law laid down by the Full Bench of this Court in
re: Kulwinder Singh and others versus State of Punjab and another
2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to
quash the proceedings on the basis of compromise. Sequelly, this petition
is accepted and FIR No.117 dated 28.5.2004, (Annexure P-1) registered
under Sections 498A, 506, 323, 34 of the Indian Penal Code at Police
Station Sadar Khanna and all consequential proceedings arising therefrom
are hereby quashed.
January 22, 2009 (Harbans Lal) gsv Judge