Criminal Misc v. State of Punjab & Anr.

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Veneet Sharma, Advocate for the petitioners Mr. Anter Singh Brar, Deputy Advocate General, Punjab for respondent No. 1 Mr. Deepak Sabharwal , Advocate for respondent no. 2/ complainant. RAJESH BINDAL J. The prayer made in this petition filed under Section 482 of the Code of Criminal Procedure ( for short “the Code”) is for quashing FIR No. 204 dated November 28, 2000 registered under Sections 452, 342, 323, 325, 324, 148 and 149 IPC at Police Station, Sultanwind, District Amritsar and all subsequent proceedings arising therefrom. Learned counsel for the petitioners submits that the dispute between the parties has been settled amicably by way of compromise which has been reduced in writing. Copy thereof is placed on record as Annexure P-1. Once that is so the FIR in question registered against the petitioners be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh v. State of Punjab 2007 (3) Law Herald (P&H) 2225. The facts stated by the petitioners are not disputed by the learned counsel for respondent no. 2/complainant. Reply on behalf of Respondent no. 2/ complainant, has been filed in Court today in which he while admitting the factum of compromise stated that he has no objection in Criminal Misc. No. 53466-M of 2007(O&M) -2- **** case the FIR in question is quashed. Once the matter has been compromised between the parties, no useful purpose will be served in proceeding with the prosecution. Accordingly, considering the law laid down by this Court in Kulwinder Singh's case (supra), FIR No. 204 dated November 28, 2000 registered under Sections 452, 342, 323, 325, 324, 148 and 149 IPC at Police Station, Sultanwind, District Amritsar and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. March 12, 2008 Pka (Rajesh Bindal) Judge