High CourtsSingle Bench

Amarjit Kaur and Others vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 14 July 2011 · Citation: (2011) 07 P&H CK 0150

HON’BLE JUDGES
Ajai Lamba, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 120B, 148, 149, 336, 380
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-11342 of 2011 (O and M)
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Judgment

4 paragraphs · 220 words

Ajai Lamba, J.—This petition has been filed u/s 482 Code of Criminal Procedure for quashing FIR No. 104 dated 16.3.2010 under Sections 448, 457, 380, 336, 120-B, 148, 149 IPC registered with Police Station, Kotwali Patiala, District Patiala and all consequent proceedings, on the basis of compromise. Affidavit of the complainant, in evidence of compromise, has been placed on record as Annexure P-2.

2.

Be that as it may, a report was sought from the Chief Judicial Magistrate, Patiala in regard to genuineness of the compromise. Having recorded the statements of parties, the Chief Judicial Magistrate, Patiala, vide report dated 4.5.2011, has reported that compromise has been effected without any pressure or coercion.

3.

I have considered the facts and circumstances of the case. Continuance of proceedings shall not be of any purpose in so much as the complainant does not want to pursue case. It would be an exercise in futility and abuse of process of law and process of Court to continue with the proceedings. Considering the nature of offence and the fact that parties have settled the disputes by way of compromise, this petition is allowed.

4.

FIR No. 104 dated 16.3.2010 under Sections 448, 457, 380, 336, 120-B, 148, 149 IPC registered with Police Station, Kotwali Patiala, District Patiala and all consequent proceedings are hereby quashed.