Sandeep Singh v. State Of Punjab And ANR.

CRM-714 of 2015 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M- 714 of 2015 Date of Decision: April 09, 2015 Sandeep Singh ....Petitioner

Versus

State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Mr.Darling Bahl, Advocate for the petitioner.

Mr.Ankur Jain, AAG, Pb.

Rajan Gupta, J (Oral) Petitioner has filed this petition under Section 482 Cr.P.C seeking quashing of F.I.R No.21 dated 21.1.2014 registered under Sections 406, 498-A, IPC at Police Station, Contonment Amritsar, District Amritsar 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-714 of 2015 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 9.1.2015, 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:- " Accused in the present case is only one namely Sandeep Singh son of Davinder Singh.

(ii) Accused is not PO in the present case.

(iii) Statement has been got recorded by the parties voluntary and without any pressure from any quarter. Photocopy of the recorded statements are enclosed herewith."

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