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High Court of Punjab and HaryanaCRM-M/34784/2014allowed

Arvind Kumar Malhotra And Another v. State Of Punjab And Another

2015-05-12Mr. Justice K.C. Gupta2 pages

CRM-M-34784 of 2014 (O&M) 

     CRMM34784 of 2014 (O&M) Date of Decision:12.5.2015 Arvind Kumar Malhotra and another '.Petitioners

Versus

State of Punjab and another '.Respondents      

Present:

Mr. T.P.S. Bhatti, Advocate for the petitioners. Mr. B.S. Bhullar, AAG, Punjab for respondent No.1. Mr. Inderpal Singh Parmar, Advocate for respondent No.2.  1.

This is a petition under Sections 482 of the Code of Criminal Procedure for quashing of FIR No.216 dated 6.6.2009 registered under Sections 420,465,467,468,471 and 120B of the Indian Penal Code at Police Station Division 6, District Jalandhar, along with all the consequential proceedings arising therefrom, on the basis of compromise. 2.

In terms of order dated 10.2.2015 passed by this Court, statements of the complainant as well as petitioners (accused persons) were recorded. They stated that they have compromised the matter. Complainant stated that he has no objection if the aforesaid FIR is quashed. The court also recorded his satisfaction that the statements made there were voluntary. The compromise effected between the parties appears to be genuine and without any force or undue pressure. No other criminal case is pending against either of the parties as stated by Judicial Magistrate, Jalandhar.

3.

Counsel for the relevant parties have stated at bar that the matter has been compromised.

ISHWAR SINGH GARHWAL 2015.05.13 10:50 I attest to the accuracy and authenticity of this document

CRM-M-34784 of 2014 (O&M) 4.

In view of this, there should not be any impediment in allowing the parties to compromise the matter. Support to this view can be had from the authority Madan Mohan Abbot Vs. State of Punjab, 2008 (2) RCR (Criminal) 429, wherein Hon'ble the Supreme Court has ruled that in such type of cases where the dispute is of personal nature, Court should ordinarily accept the compromise. 5.

In view of the facts delineated above, the petition is accepted. The above said FIR and the proceedings connected therewith are hereby quashed. 6.

Disposed of.

                12.5.2015 ishwar ISHWAR SINGH GARHWAL 2015.05.13 10:50 I attest to the accuracy and authenticity of this document