Tejwant Singh v. Ut Of Chandigarh Adn ANR

CRM-M-31713 of 2016 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-31713 of 2016 Date of decision: 31.01.2017 Tejwant Singh .. Petitioner

Versus

U.T. Chandigarh and another .. Respondents

CORAM:

HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Naveen Batra, Advocate for the petitioner.

Mr. Gautam Dutt, Additional P.P., U.T. Chandigarh. Mr. Amit Singh Sethi, Advocate for respondent no. 2.

SURINDER GUPTA, J.(Oral) Petitioner has filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No. 212 dated 19.12.2015 (Annexure P-1), registered for offences punishable under Sections 454 and 380 of Indian Penal Code (for short 'IPC') at Police Station North, District Chandigarh, along with all consequential proceedings arising therefrom, on the basis of the compromise dated 08.02.2016 (Annexure P-2).

Heard.

Affidavits of petitioner and respondent no. 2 have been filed, which are taken on record.

It is submitted that the dispute was settled during the hearing of bail application where the petitioner has undertaken to vacate the house no. 1122, Sector 8-C, Chandigarh and hand-over possession to respondent no. 2-Jaswant Kaur by 31.12.2016 on receipt of `29,50,000/-. Jitender Kumar 2017.01.31 17:04 I attest to the accuracy and integrity of this document

CRM-M-31713 of 2016 -2Learned counsel for the petitioner and learned counsel for respondent no. 2 submit that the matter has since been amicably settled by the parties and payment of `29,50,000/- has been made to the petitioner and he has vacated the aforesaid house and handed over possession of the same to respondent no. 2-Jaswant Kaur.

Learned Addl. P.P. U.T. Chandigarh has also not disputed the compromise (Annexure P-2).

Keeping all the above facts in view, I am of the considered opinion that in view of compromise between petitioner and respondent no. 2, impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large. In view of the above discussion, the instant petition is allowed and the impugned FIR No. 212 dated 19.12.2015 (Annexure P-1) along with all consequential proceedings arising therefrom, qua petitioners, is quashed. January 31, 2017 (SURINDER GUPTA) jk JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Jitender Kumar 2017.01.31 17:04 I attest to the accuracy and integrity of this document