Neena Sharma @ Anjali Sharma v. State Of Punjab And ANR

CRM-M-42039 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M -42039 of 2014 Date of Decision: March 10, 2015 Neena Sharma @ Anjali Sharma ....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Dr.Shelly Sharma, Advocate for the petitioner.

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

Mr.T.S.Thundal, Advocate for respondent No.2.

Rajan Gupta, J (Oral) This is a petition under Section 482 Cr.P.C seeking quashing of FIR No.165 dated 15.12.2011 registered under Sections 406, 420, 120B of IPC at P.S. Matour,District Mohali 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 a compromise is arrived at between the parties the State would not stand in the way of quashing of F.I.R.

CRM-M-42039 of 2014 2 Heard.

It appears that vide order dated 10.12.2014, 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 is as under:- "From the statements of the complainant and the accused, I am satisfied that the compromise between the parties is genuine and valid, and without any coercion or undue influence from any corner." 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 March 10, 2015 BB