Punjab-Haryana High Court
Narinder Kumar & Ors vs Union Territory Chandigarh & Anr on 1 February, 2010
Author: Ajai Lamba
Bench: Ajai Lamba
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc. No. 22566-M of 2009
DATE OF DECISION : FEBRUARY 1, 2010
NARINDER KUMAR & ORS.
....... PETITIONER(S)
VERSUS
UNION TERRITORY CHANDIGARH & ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Anil Sharma, Advocate, for the petitioner(s).
Mr. Hemant Bassi, Advocate, for respondent No.1.
Mr. Deepak Arora, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of FIR No.159 dated 12.8.2007 under Sections 341, 380, 448, 120-B, Indian Penal Code, Police Station, Sector 3, Chandigarh (Annexure P-1) and all subsequent proceedings.
Learned counsel for respondent No.2/complainant has filed an affidavit of respondent No.2, sworn on 1.2.2010, today in court, which is taken on record as Annexure A-1.
Learned counsel for the petitioners contends that it is a landlord-tenant dispute on account of which respondent No.2 lodged the FIR. The dispute has now been settled between the parties and, therefore, Criminal Misc. No. 22566-M of 2009 2 the petition be allowed.
As per the affidavit (Annexure A-1), respondent No.2 has clearly stated that the matter has been compromised with the petitioners. Respondent No.2 does not want to pursue the matter. Compromise deed (Annexure P-3) indeed has been executed by respondent No.2.
Learned counsel for respondent No.1/State contends that if the proceedings are quashed on the basis of compromise, the State would have no objection.
Considering the facts and circumstances of the case, it would be in the interest of peace and harmony that the matter is put to rest, in view of the compromise. Continuance of proceedings shall not result in any logical end in view of the fact that the victim himself is not ready to give evidence and prosecute the petitioners. Continuance of the proceedings, in such circumstances, would be an abuse of process of court.
In view of the above, the petition is allowed.
FIR No.159 dated 12.8.2007 under Sections 341, 380, 448, 120-b, Indian Penal Code, Police Station, Sector 3, Chandigarh (Annexure P-1) and all subsequent proceedings, are quashed.
February 1, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?