Punjab-Haryana High Court
Inderpal Singh Gill @ Shahbeg Inderpal ... vs State Of Punjab And Another on 2 December, 2010
Author: Rajan Gupta
Bench: Rajan Gupta
Criminal Misc. No. M-34221 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-34221 of 2010 (O&M)
Date of decision : 02.12.2010
Inderpal Singh Gill @ Shahbeg Inderpal Singh and others
....Petitioners
V/s
State of Punjab and another
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.K. Sandhir, Advocate for the petitioners.
Mr. Raghbir Chaudhary, Sr. DAG Punjab.
Mr. Kewal Singh, Advocate for respondent No. 2.
RAJAN GUPTA J. (ORAL)
Crl. Misc. No. 62665 of 2010 This is an application for placing on record reply on behalf of respondent No. 2. Application is allowed as prayed for. Reply on behalf of respondent No. 2 is taken on record.
Criminal Misc. No. M-34221 of 2010 The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 71 dated 09.04.2005 (Annexure P-1) under Sections 406, 420, 498-A & 34 IPC, registered at Police Station Sarabha Nagar, District Ludhiana and the subsequent proceedings arising therefrom.
Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and the Criminal Misc. No. M-34221 of 2010 (O&M) 2 entire dispute has been amicably settled. Respondent No. 2/complainant is present in court today. She is duly identified by her counsel. She has filed an affidavit, which is taken on record as Mark 'A' admitting therein the factum of compromise arrived at between the parties. It has been further stated in the affidavit that complainant has no objection if the FIR and all consequential proceedings arising therefrom are quashed.
Learned counsel for the State submits that in view of compromise, the State will not stand in the way of quashing of the FIR in question.
The compromise is in the interest of the 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 above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in the light of Full Bench judgment of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR(Crl.), 1052.
Resultantly, the present petition is allowed. The FIR in question and the subsequent proceedings arising therefrom are quashed.
December 02, 2010 (RAJAN GUPTA) Ajay JUDGE