Amzad vs State of Haryana

Rajan Gupta, J.—Petitioners have filed this petition u/s 482 Cr.P.C. seeking quashing of FIR No. 105 dated 01.03.2009 registered under Sections 323/324 and 34 IPC at Police Station Sarai Khwaja, District Faridabad all the consequent proceedings arising therefrom on the basis of compromise.

Learned counsel for the petitioners submits that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and Others Vs. State of Punjab and Another, learned counsel submits that in view of compromise, the impugned FIR deserves to be quashed.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh''s case supra and submits that in case a compromise has been arrived at between the parties the State shall not stand in the way of quashing of FIR.

Heard.

It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:-

So, in view of the aforesaid facts, I am of the considered view that the compromise effected between the parties is without any threat or pressure from either of the sides and is a valid compromise.

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of the above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh''s case supra.

Resultantly, the present petition is allowed. The FIR in question and the subsequent proceedings arising therefrom are quashed.