Punjab-Haryana High Court
Dalbir Singh And Another vs State Of Punjab And Another on 1 February, 2012
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
CRM NO.M-16952 OF 2010(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM NO.M-16952 OF 2010(O&M)
DECIDED ON: 01.02.2012
Dalbir Singh and another ......Petitioners
Versus
State of Punjab and another ........Respondents
CORAM HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present:- Mr. Baljinder Singh,Advocate, for the petitioners.
Mr. Jaspreet Singh, AAG, Punjab.
Mr. J.S.Sandhu, Advocate, for respondent no.2.
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NARESH KUMAR SANGHI,J(ORAL) CRM Nos.1951-52 of 2012 CRMs are allowed.
Annexure P18 is taken on record, subject to all just exceptions.
CRM No. M-16952 of 2010 This is a petition for quashing of FIR No.09 dated 08.01.2009, under Sections 406/420 IPC, registered at Police Station, Sadar Amritsar (Annexure P1) and all the consequential proceedings arising therefrom, on the basis of compromise.
On 11.01.2012, this Court passed the following order:-
CRM NO.M-16952 OF 2010(O&M) 2
" Learned counsel for the petitioners submits that during the pendency of this petition, an amicable settlement has been arrived at between the petitioners and respondent no.2.
In view of the above, the matter is adjourned to 1.2.2012.
In the meantime, the petitioners and respondent no.2 are directed to appear before learned Additional Chief Judicial Magistrate / trial Court, Amritsar on 18.01.2012, which shall record their respective statements with regard to compromise and submit its report in this regard on or before the date fixed by this Court."
In compliance of the above order, the parties did appear before the learned Addl. Chief Judicial Magistrate, Amritsar and got recorded their respective statements with regard to compromise. Status report dated 18.01.2012 sent by learned Addl. Chief Judicial Magistrate, Amritsar, has been received wherein it has been mentioned that the parties appeared before the said court and made their statements with regard to the compromise without any pressure.
Learned counsel for respondent no.2 has admitted the above said factual position.
In compliance of the terms of compromise, counsel for the petitioners has handed over a draft No.028584 dated 12.12.2011, issued in favour of M/s. Global Vision Corporation amounting to Rs.4,00,000/- to the learned counsel for respondent no.2, to be handed over to respondent no.2, and a photocopy of the same is taken on record.
Learned counsel for the State has no objection in CRM NO.M-16952 OF 2010(O&M) 3 quashing of the FIR as well as the consequential proceedings in view of compromise effected between the parties and status report sent by the learned Court below.
Heard.
The FIR was registered under Sections 406/420, IPC. The parties have amicably settled their scores, which will bring peace and harmony amongst them. Chances of conviction would be very bleak. Continuation of the proceedings before the trial Court would be sheer abuse of the process of law.
In view of the compromise effected between the parties as well as in view of the law laid down by a larger Bench of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) RCR(Crl.) 1052, the present petition is allowed and FIR No.09 dated 08.01.2009, under Sections 406/420,IPC, registered at Police Station, Sadar Amritsar (Annexure P1) and all the consequential proceedings arising therefrom are hereby quashed.
01.02.2012 (NARESH KUMAR SANGHI) mamta JUDGE