Criminal Misc. No. M-11718 of 2009 (1)
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-11718 of 2009
Date of decision: May 27, 2009
Sohan Singh -Petitioner
Versus
State of Punjab & another -Respondents
Coram Hon’ble Mr. Justice Rajan Gupta
Present: Mr. SS Rangi, Advocate, for the
petitioner.
Mr. Shilesh Gupta, DAG, Punjab.
Mr. HPS Ghuman, Advocate, for
respondent No.2.
Rajan Gupta, J.(Oral)
The petitioners have filed this petition under Section 482
Cr.P.C. for quashing of FIR No.40 dated 26-5-2007 under Sections
453/380/506 IPC, registered at Police Station Bhadson, District Patiala
(Annexure P-1 ) and the subsequent proceedings arising therefrom, on the
basis of compromise (Annexure P-2 ) arrived at between the parties.
Complainant/respondent No.2 is present in Court. He is duly
identified by his counsel. He has filed an affidavit, which is taken on record
as Mark ‘A’, wherein he admits the factum of compromise (Annexure P-2 )
arrived at between the parties. He states that he has no objection if the
present FIR is quashed.
Learned State counsel submits that the dispute being of private
nature, the State would not stand in the way of quashing of the FIR in case
there is a compromise.
Criminal Misc. No. M-11718 of 2009 (2)
The compromise is in the interest of the parties and after the
matter has been resolved by an amicable settlement, no useful purpose shall
be served with continuance of the criminal proceedings, which would be a
futile exercise.
In view of the above, the present FIR deserves 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 hereby quashed.
[Rajan Gupta]
Judge
May 27, 2009.
‘ask’