Meenakshi Sharma And ORS v. State Of Punjab & ORS

CRM M-10701 of 2014

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-10701 of 2014 Date of decision : 10.03.2015 Meenakshi Sharma & ors.

....Petitioners V/s State of Punjab & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

None for the petitioners.

Ms. Rajni Gupta, Addl. A.G. Punjab.

Mr. Vinay Puri, Advocate for respondent no. 4 RAJAN GUPTA J.

Petitioner has filed this petition under section 482 Cr.P.C. seeking quashing of FIR No. 429 dated 24.12.2009 registered under sections 406/420/120-B IPC at police station Maqsudan, Jalandhar and all the subsequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned FIR deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh's case supra and submits that in case AJAY KUMAR 2015.03.10 16:22 I attest to the accuracy and authenticity of this document

CRM M-10701 of 2014 a compromise is arrived at between the parties the State would not stand in the way of quashing of FIR.

Heard.

It appears that vide order dated 18.11.2014, trial court was directed to record the statements of the parties and intimate about the validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- "The compromise seems to be genuine, voluntarily made and without any undue influence and coercion. It is further submitted that in the court of undersigned only one criminal case is pending between the parties and the present case has been registered against three accused namely Meenakshi, Sonu and Sakattar Singh and all the accused are on bail and are appearing before the court."

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 by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh's case supra. Resultantly, the present petition is allowed. The FIR in question and the subsequent proceedings arising therefrom are quashed.

March 10, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.03.10 16:22 I attest to the accuracy and authenticity of this document