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[Cites 8, Cited by 1]

Punjab-Haryana High Court

Smt. Manju Bala And Others vs State Of Punjab And Another on 22 August, 2012

Author: Ram Chand Gupta

Bench: Ram Chand Gupta

CRM M-3635 of 2012                                                      -1-



      IN THE HIGH COURT OF PUNJAB AND HARYANA
               AT CHANDIGARH.


                          Crl. Misc. No. M-3635 of 2012 (O&M)

                          Date of Decision: August 22, 2012.

Smt. Manju Bala and others

                                                 ..........PETITIONER(s).

                     VERSUS


State of Punjab and another.
                                                 .........RESPONDENT(s).


CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA

Present:    Mr. Ashish Aggarwal, Advocate
            for the petitioners.

            Ms. Neelam, A.A.G., Punjab.

            Respondent No.2 in person with
            Mr. Padamkant Dwivedi, Advocate.


                     *******

RAM CHAND GUPTA, J.(Oral)

The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.6 dated 15.01.2012 under Sections 452, 366, 506, 511, 148, 149 of Indian Penal Code, registered at Police Station "E" Division, District Amritsar City, Annexure P-1, and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P-2, having been entered between the parties. CRM M-3635 of 2012 -2-

I have heard learned counsel for the parties and have gone through the record.

It has been stated by learned counsel for the parties that there was an allegation that petitioners-accused attempted to abduct daughter of complainant. It is further submitted that however, parties are residents of same locality and there was a talk about marriage of daughter of complainant-respondent No.2 with petitioner No.4 Gaurav Puri. It is further contended that dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.

Respondent No.2 - complainant also appeared in person with his counsel and filed reply by way of short affidavit admitting the factum of compromise and stated that he is having no objection if the FIR and consequential proceedings are quashed.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052.

Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties being neighbours, the present petition is allowed and the impugned FIR No. 6 dated 15.01.2012 under CRM M-3635 of 2012 -3- Sections 452, 366, 506, 511, 148, 149 of Indian Penal Code, registered at Police Station "E" Division, District Amritsar City, Annexure P-1 alongwith all consequential proceedings qua petitioners Smt. Manju Bala, Ram Pal Puri, Saurav Puri, Gaurav Puri and Narinder Baba is, hereby, quashed.

( RAM CHAND GUPTA ) August 22, 2012. JUDGE Sachin M.