← Library
High Court of Punjab and HaryanaCRM-M/18271/2015allowed

Mandeep Kumar And ORS v. State Of Punjab & ANR

2015-09-03Mr. Justice Dr. Bharat Bhushan Parsoon2 pages

CRM-M-18271 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-18271 of 2015 (O&M) Date of Decision: September 03, 2015 Mandeep Kumar @ Mandeep Singh and others.

....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr. S.K.Bawa, Advocate for the petitioners.

Mr.Shilesh Gupta, Addl.A.G, Pb.

Mr.M.K.Bhatnagar, Advocate for respondent No.2.

Rajan Gupta, J (Oral) Petitioners have filed this petition under Section 482 Cr.P.C for quashing of FIR No.155 dated 2.7.2013 under Sections 406, 498-A IPC registered at Police Station, Division No.7, Jalandhar, District Jalandhar on the basis of compromise arrived at between the parties. Complainant-respondent No.2 is present in court. She is duly identified by her counsel. She has filed her affidavit in court today, which is taken on record as Mark 'A', wherein the factum of compromise dated 19.5.2015 arrived at between her and the petitioners has been admitted by her. She states that she has no objection if the present FIR is quashed. Learned counsel has referred to judgment reported as Surta Ram and others Vs. State of Punjab and others, 2010 (1) RCR (Criminal) 782 to urge that the proceedings under Sections 406, 498-A

CRM-M-18271 of 2015 2 IPC can be quashed on the basis of compromise. Learned State counsel submits that since the parties have arrived at an amicable settlement, the State would not stand in the way of quashing of the FIR on the basis of compromise. The compromie 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 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 (Criminal) 1052 as well as Surta Ram and others Vs. State of Punjab and others, 2010 (1) RCR (Criminal) 782. Resultantly, the present petition is allowed, the FIR and the subsequent proceedings arising therefrom are quashed. (Rajan Gupta) Judge September 03, 2015 BB