Mamta Sharaf v. U.T. Chandigarh & Anr.

CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. D.K. Singal, Advocate, for the petitioner(s). AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 159 dated 27.05.2008 under Section 289 IPC, P.S. Sector 11, Chandigarh on the basis of compromise. Learned counsel has drawn the attention of the Court towards Annxure P-3 i.e. an affidavit sworn by the complainant Smt. Anu Tiwari. Issue notice of motion. Ms. Samriti Dhir, Advocate, on the request of the Court, accepts notice on behalf of U.T., Chandigarh. At this stage, Mr. Jagdev Singh, Advocate, has put in appearance for Smt. Anu Tiwari, the complainant. Learned counsel for the petitioner contends that the issue has been settled by way of compromise. Learned counsel for the respondent-complainant endorses the Crl. Misc. No. M-3552 of 2010 2 factum of compromise and owns the affidavit sworn by his client Ms. Anu Tiwari. On a perusal of affidavit, Annexure P-3, I find that it has been specifically stated by the complainant that the matter has been settled by way of compromise on the intervention of the respectables. The complainant does not want to pursue the proceedings and further that a statement would be given in Court in view of compromise. Considering the nature of offence, learned counsel for the U.T. Chandigarh contends that if the issue is being settled in view of compromise, the State would have no objection. Considering the nature of offence viz. negligent conduct of the petitioner and the fact that the parties have entered into compromise and settled the dispute, in my considered opinion, continuance of proceedings shall not serve any legal purpose. The complainant is not ready to pursue the matter and bring evidence to Court. Accordingly, this petition is allowed. FIR No. 159 dated 27.05.2008 under Section 289 IPC, P.S. Sector 11, Chandigarh is hereby quashed.

05.02.2010 shivani (AJAI LAMBA) JUDGE