Punjab-Haryana High Court
Kuldeep Singh And Another vs State Of Punjab And Another on 2 March, 2012
Author: Naresh Kumar Sanghi
Bench: Naresh Kumar Sanghi
Criminal Misc. No. M-29362 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-29362 of 2011
Date of decision:-02.03.2012
Kuldeep Singh and another
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present:- Mr. Sunil Agnihotri, Advocate
for the petitioners.
Mr. J.S. Sandhu, AAG Punjab
for respondent No.1-State.
NARESH KUMAR SANGHI J.(Oral)
This is a petition for quashing of FIR No.235 dated 19.09.2007, under Sections 406 and 420, IPC, registered at Police Station Tanda, District Hoshiarpur, and the consequential proceedings arising therefrom on the basis of compromise.
Vide order dated 18.1.2012, this Court had directed the affected parties to appear before the learned trial court and get their statements recorded with regard to the compromise. The trial court was also directed to send the status report in that regard.
In compliance thereof, the affected parties did appear Criminal Misc. No. M-29362 of 2011 -2- before the learned court below and got recorded their statements with regard to the compromise. The status report in that regard has also been received from the learned Sub Divisional Judicial Magistrate, Dasuya, and a perusal of the same would reveal that the parties have amicably settled their scores and effected a compromise.
Learned counsel for the State, on instructions from HC Gurdeep Singh of Police Station, Tanda, District Hoshirapur, admits the factum of compromise and has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed.
Heard.
The petitioners have been charged for the offences punishable under Sections 406 and 420, IPC. Both the said offences are compoundable with the permission of the Court. Since, the parties have voluntarily compromised the matter and in view the nature of offences and overall circumstances of the case, the offences are allowed to be compounded. The continuation of the trial would be a sheer abuse of the process of law. The chances of ultimate conviction of the petitioners are bleak in view of the compromise arrived at between the parties.
Keeping in view the factum of compromise and the law laid down by the Full Bench of this Court in Kulwinder Singh and Ors. vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this Criminal Misc. No. M-29362 of 2011 -3- petition is allowed and the impugned FIR No.235 dated 19.09.2007, under Sections 406 and 420 IPC, registered at Police Station, Tanda, District Hoshiarpur and, all the consequential proceedings arising therefrom are hereby quashed.
March 02, 2012 ( NARESH KUMAR SANGHI ) Vijay Asija JUDGE