Gian Singh v. State Of Punjab & ORS

CRM-M-42319 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M- 42319 of 2014 Date of Decision: April 09, 2015 Gian Singh ....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.Harish Goyal, Advocate for the petitioner.

Mr.Ankur Jain, AAG, Pb.

Mr.Amandeep Singh Rehal, Advocate for respondent No.2.

Rajan Gupta, J (Oral) Petitioner has filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No.111 dated 23.6.2010 registered under Section 498-A, IPC at Police Station, Morinda, District Rupnagar 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 in Kulwinder Singh's case supra and submit that in case a compromise is

CRM-M-42319 of 2014 2 arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

Heard It appears that on 11.12.2014, 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:- " From the statements of parties got recorded by them today in the court it appears that compromise is genuine being arrived at between the parties with their free will and consent. In case the compromise is accepted it would be beneficial to the interest of both the parties."

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