Darshan Pal & ANR v. State Of Punjab And ANR

CRM M-8554 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-8554 of 2015 Date of decision : 18.12.2015 Darshan Pal & anr.

....Petitioners V/s State of Punjab & anr.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Surinder Thakur, Advocate for the petitioner Mr. Ankur Jain, AAG Punjab.

Mr. Naveen Batra, Advocate for the respondent no. 2. RAJAN GUPTA J.

Petitioners have filed this petition under section 482 Cr.P.C. seeking quashing of FIR No. 2 dated 07.01.2013 registered under section 498-A IPC at police station Bullowal district Hoshiarpur 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. They submit that respondent No. 2 is present in court today and has been duly identified by Mr. Naveen Batra, Advocate for respondent No. 2. They have produced affidavit of Hardeep Kumari (respondent no. 2) which is taken on record as Mark 'A' admitting therein the factum of compromise arrived at between the parties. It has further been stated in the affidavit that respondent No. 2 has no objection if the FIR and all consequential proceedings arising AJAY KUMAR 2015.12.21 14:50 I attest to the accuracy and authenticity of this document

CRM M-8554 of 2015 therefrom are quashed. Learned counsel for the petitioner as well as learned counsel for respondent No. 2 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 FIR.

Heard.

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 FIR in question and the subsequent proceedings arising therefrom are quashed.

December 18, 2015 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2015.12.21 14:50 I attest to the accuracy and authenticity of this document