Sumit Sharma vs State of U.T., Chandigarh and Another

Paramjeet Singh, J.—Present petition has been filed by Sumit Sharma u/s 482 Cr. P.C. for quashing of FIR No. 187 dated 01.06.2012, under Sections 380, 454 IPC, registered at Police Station Sector 11, Chandigarh and subsequent proceedings arising therefrom on the basis of compromise dated 14.08.2012 (Annexures P/2). Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004 (2) RCR (Cri.) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non-compoundable offence.

Learned counsel for respondent No. 2-complainant, who is present in Court today, states that the complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

Learned counsel for respondent-complainant has also handed over an affidavit dated 12.10.2012 to the above effect, which is taken on record.

Consequently, in view of compromise (Annexure P/2) and keeping in view the law laid down by the Hon''ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008 (2) RCR (Cri.) 429, which has been affirmed by a Larger Bench of the Hon''ble Supreme Court in Gian Singh vs. State of Punjab and another, SLP (Crl.) No. 8989 of 2010, decided on 24.09.2012, by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007 (3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur''s case (supra) no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional powers to quash the criminal proceedings, as held in Gian Singh''s case (supra). In the facts and circumstances of this case, it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it is appropriate that criminal case is put to an end. Present petition is allowed. FIR No. 187 dated 01.06.2012, under Sections 380, 454 IPC, registered at Police Station Sector 11, Chandigarh, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.