Renu And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 12.05.2017 Renu and anr.

......Petitioners versus State of Punjab and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Digvijay Nagpal, Advocate for the petitioners Mr. A.P.S. Gill, AAG, Punjab **** RITU BAHRI , J. (Oral) Quashing of FIR No. 137 dated 26.10.2016 under Section 306 IPC, registered at Police Station City Dhuri, District Sangrur, is being sought, on the basis of compromise deed dated 31.01.2017 (P-2). The allegations in the F.I.R are that petitioners taunted and harassed the sister of the complainant to the extent that she committed suicide.

However, when the matter was pending before the learned Sessions Judge, Sangrur, the matter has been duly compromised between the parties, vide compromise deed dated 31.01.2017 (Annexure P-2). In compliance of order dated 16.03.2017, report dated 04.05.2017 of Addl. Sessions Judge , Sangrur has been received in this regard. As per report, statement of parties have been recorded. The complainant and petitioners stated that the matter stands compromised between the parties and the complainant does not want to proceed further

against the accused and has no objection, if the present F.I.R be quashed against the petitioners. The compromise has been entered voluntarily. This Court in Sucha Singh and others Vs. State of Punjab and another, 2011 (7) RCR (Criminal) 2546, had quashed an FIR, which was registered under Section 306 IPC. In that case, mother of the deceased had given an affidavit stating therein that the deceased had two sons, aged about 10 and 12 years, which were living with their father Sukhwinder Singh and that the matter had been resolved keeping in mind the future of the children of deceased. While quashing the criminal proceedings, this Court had observed that continuation of the proceedings shall only result in wastage of time as the same was not likely to result in conviction.

Further reference can be made to another judgment passed by this Court in Sham Lal and another Vs. State of Punjab and another, 2012 (8) RCR (Criminal) 432, wherein while quashing an FIR, which was registered under Section 306 IPC, it was observed as under:- "8. Taking into account the allegations, compromise dated 19.02.2011 as well as affidavits of the complainant and other legal heirs as also the fact that no offence under Section 306 Indian Penal Code is made out, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same being misuse of the process of law."

In the present case, brother of the deceased i.e complainant has made his statement that he has compromised the matter and has no objection in quashing of the FIR.

Keeping in view the above status report dated 04.05.2017, the present petition is allowed and FIR No. 137 dated 26.10.2016 under

Section 306 IPC, registered at Police Station City Dhuri, District Sangrur is quashed along with all consequential proceedings qua petitioners, in view of the judgment of the Hon'ble Supreme Court in cases Madan Mohan Abbot vs. State of Punjab 2008(2) RCR (Criminal) 429 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052 and the judgment passed in Sucha Singh's case (supra) , no useful purpose would be served in prolonging the litigation.

The petition stands disposed of.

12.05.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No