Judgment:
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 8.7.2014 a) CRM-M No.7691 of 2014 Randhir Singh and others ...Petitioners Versus State of Punjab and another ...Respondents b) CRM-M No.7819 of 2014 Baljit Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE Mr.JUSTICE RAJAN GUPTA Present: Mr.Navjot Singh, Advocate, for the petitioners (in CRM-M No.7691 of 2014).Mr.A.P.Kaushal, Advocate, for the petitioners (in CRM-M No.7819 of 2014) Mr.Rajat Bansal, Asstt.A.G., Punjab.
*** Rajan Gupta, J.
(oral) This order shall dispose of two petitions bearing CRM-M No.7691 of 2014 and CRM-M No.7819 of 2014 being a case of version and cross-version arising out of same incident.
Petitioners have filed the abovesaid two petitions under Sections 482 Cr.P.C.i.e.in CRM-M No.7691 of 2014 seeking quashing of FIR No.147 dated 29.11.2010 under Sections 406/498A/323 and 120B IPC registered at Police Station Bassi Pathana, District Fathegarh Sahib, (Annexure P-1).on the statement of Parveen Kaur and CRM-M No.7819 of 2014 seeking quashing of Kaur Sukhpreet 2014.07.18 11:39 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.7691 of 2014 ::2:: cross-case i.e.DDR No.16 dated 24/11/2010 registered on the statement of Randhir Singh and all the consequent proceedings arising therefrom on the basis of compromise.
Learned counsel for the parties submit that during the pendency of these petitions, 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 versus State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the impugned FIR and DDR deserve 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 has been arrived at between the parties, State would not stand in the way of quashing of FIR and cross case.
Heard.
It appears that while issuing notice of motion a direction was issued by this court to record the statements of 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 the parties, so recorded by me, the compromise arrived at between them apparently appears to be a genuine compromise and is the voluntary act of the parties without there being any sort of pressure or coercion from any corner.”
.
Kaur Sukhpreet 2014.07.18 11:39 I attest to the accuracy and integrity of this document Chandigarh CRM-M No.7691 of 2014 ::3:: The compromise is in the interest of 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 the above, the present FIR, DDR and 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 petitions are allowed.
The FIR as well as DDR in question and proceedings arising therefrom are quashed.
(RAJAN GUPTA) 08.07.2014 JUDGE sukhpreet Kaur Sukhpreet 2014.07.18 11:39 I attest to the accuracy and integrity of this document Chandigarh