Sarabjeet Singh And ORS v. State Of Punjab And ANR

CRM-M-29292 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M- 29292 of 2014 Date of Decision: April 09, 2015 Sarabjeet Singh and others ....Petitioners

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.Zorawar Singh Chauhan, Advocate for the petitioners.

Mr.Ankur Jain, AAG, Pb.

Mr.Anterpreet Singh, Advocate for respondent No.2.

Rajan Gupta, J (Oral) Petitioners have filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No.71 dated 18.5.2006 registered under Sections 406, 498-A, 420, 494 IPC at Police Station, Kartarpur, District 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 F.I.R deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment

CRM-M-29292 of 2014 2 in Kulwinder Singh's case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

Heard It appears that on 27.8.2014, a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:- " The undersigned has also verified above stated facts from the parties and is satisfied that parties have compromised the matter with their free consent, sweet will, without any threat, pressure or undue influence. So, accordingly, the report of undersigned is hereby submitted. The original statements of parties as well as photo copy of compromise Ex.CI are also sent herewith for kind perusal of Hon'ble High Court in this case."

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 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 F.I.R in question and the subsequent proceedings arising therefrom are quashed. (Rajan Gupta) Judge April 09, 2015 BB