Crl. Misc. No. M-25067 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-25067 of 2008
Date of decision: January 23, 2009
Santokh Singh --- Petitioner
Versus
Union Territory of Chandigarh
and another ---- Respondents
Before: Hon’ble Mr. Justice Rajan Gupta
Present: Mr. Bhupinder Ghai, Advocate, for the
petitioner.
Mr. PK Khandria, Standing Counsel for UT,
Chandigarh.
Mr. Chanderhas Yadav, Advocate, for
respondent No.2.
Rajan Gupta, J (Oral).
The petitioner has filed this petition under Section 482
Cr.P.C. for quashing of FIR No. 260 dated 2-9-2008 under Sections
379,448,427 IPC, registered at police station Sector 11 Chandigarh
(Annexure P-2) and the subsequent proceedings arising therefrom,
on the basis of compromise (Annexure P-1) arrived at between the
parties.
Complainant Hazura Singh/respondent No. 2 is present in
Court. He is duly identified by his counsel. He has filed reply by way
of affidavit, admitting therein the factum of compromise (Annexure
P-1) arrived at between the parties. He has no objection if the
present FIR is quashed.
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, which would be a futile exercise.
Crl. Misc. No. M-25067 of 2008 2
In view of the above, the present FIR and the consequent
proceedings deserve to be quashed in the light of the decision of a
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
January 23, 2009.
`ask’