Petition filed under Section 482 CrPC to quash FIR based on compromise between parties. Court held that no useful purpose is served in continuing proceedings and allowed the petition.
FIR No.269 dated 9.9.2008 and all consequential proceedings arising therefrom were quashed qua the petitioners.
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CRM No.M-1355 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-1355 of 2009 Date of decision: 9.7.2012
Shashi Devi @ Jain and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.RK Joshi, Advocate for the petitioners
Mr.Mehardeep Singh, DAG, Punjab
Mr.Atul Goyal, Advocate for respondent No. 2 .
Jitendra Chauhan, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the FIR No.269 dated 9.9.2008, under Sections 406, 420, 465, 467, 468 of the Indian Penal Code, at Police Station City, Faridkot and subsequent proceedings arising therefrom, on the basis of the compromise reached between the parties.
Learned counsel for the petitioners submits that the parties have compromised the matter with the intervention of the respectables, therefore, no useful purpose would be served if the proceedings are allowed to continue. A compromise dated 2.2.2012 has been executed between the parties, wherein they have stated that the matter has been compromised and the complainant party has stated that they have no objection, if the FIR in question is quashed. Compromise deed is appended with CRM No.M-
CRM No.M-1355 of 2009 2
16426 of 2012, in which the FIR No. 115 dated 24.4.2010, lodged by the petitioners in the instant case, stands quashed by this Court vide order of even date.
Rishab Jain one of the petitioners is present in Court.
Learned counsel for respondent No.2- complainant has stated that the complainant has no objection if the FIR in question is quashed as the matter has been compromised.
Heard.
In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to quash the proceedings on the basis of compromise. Accordingly, this petition is allowed and FIR No.269 dated 9.9.2008, under Sections 406, 420, 465, 467, 468 of the Indian Penal Code, at Police Station City, Faridkot and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.
(JITENDRA CHAUHAN) JUDGE
9.7.2012 gsv
1 issue framed by the court
Whether the criminal proceedings under Sections 406, 420, 465, 467, 468 IPC should be quashed based on the settlement reached between the parties?
1 provisions across 1 enactments
Shashi Devi @ Jain and others
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
