Bhupinder Pal Singh and others vs State of Punjab and another

Jitendra Chauhan, J.—The present petition u/s 482 of the Code of Criminal Procedure has been filed for quashing the FIR No.144 dated 30.9.1996 (Annexure P-1), registered under Sections 406, 420, 109 of the Indian Penal Code, at Police Station Kharar, District Roopnagar and subsequent proceedings arising therefrom, on the basis of the compromise in the form of affidavit Annexure P-2. Heard.

In pursuance of the order dated 5.2.2011 passed by this Court, the learned Judicial Magistrate, 1st Class, Kharar has sent her report alongwith the statements of parties. In this report, it has been mentioned that statements of the parties were recorded wherein they have stated that the matter has been compromised between them and it has been effected voluntarily and without any pressure or undue influence. An affidavit dated 11.11.2010 has been appended with the petition as Annexure P-2, wherein also the complainant has stated that he has no objection if the FIR in question is quashed as the matter has been compromised amicably. 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.144 dated 30.9.1996 (Annexure P-1), registered under Sections 406, 420, 109 of the Indian Penal Code, at Police Station Kharar, District Roopnagar and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.