[CASE NUMBER] (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: October 16, 2011 [CASE NUMBER] (O&M) [ENTITY] and another petitioners Versus [ENTITY] and another Respondents CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioner. Mr. [ENTITY], Advocate for U.T. Chandigarh. Mr.[ENTITY], Advocate for the complainant 1. To be referred to the Reporters or not? 2. Whether the Judgment should be reported in the Digest [ENTITY], J. (Oral)
This petition under [SECTION] [ACT] is for quashing of FIR No. 344 dated 12.11.2011, registered under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], at Police Station Mani Majra, Chandigarh with all consequential proceedings arising therefrom on the basis of compromise dated 11.08.2012.
The prosecution version is that on 11.11.2011, when the complainant was going in his Alto Car, he was apprehended by four persons. He was abducted in a Accent Car, thereafter he was inflicted injuries by [ENTITY], [ENTITY], [ENTITY], [ENTITY], [ENTITY] and Rs. 28,000/- were taken from him. In this background FIR was registered. During the pendency of the investigation challan has been presented against [ENTITY] and vide order dated 19.05.2012, he was granted bail.
The complainant had appeared as PW-2 and [ENTITY] PW- 03 and did not support of the prosecution version. They refused to identify accused [ENTITY] as the culprit.
Learned counsel for the petitioner has placed on record a compromise (P-2), which has now been effected with the other four co- accused against whom challan has been presented on 20.09.2012. The affidavit of the complainant has also placed on record as P-4 in which he has stated that four persons, namely [ENTITY] son of [ENTITY], [ENTITY] Son of Sh. [ENTITY], [ENTITY] son of [ENTITY] and [ENTITY] son of [ENTITY] are not the persons who were involved. He does not know the persons. He is present in the Court and has been identified by ASI [ENTITY].
Consequently, in view of the compromise dated 11.08.2012 (Annexure P2) and in view of the judgment of the Hon'ble Supreme Court in the case of [PRECEDENT], the law laid down by the Full Bench of this Court in the case of [PRECEDENT], no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 344 dated 12.11.2011, registered under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], at Police Station Mani Majra, Chandigarh is quashed with all consequential proceedings arising therefrom qua petitioners.
The petition is allowed.
([ENTITY]) JUDGE October 16, 2012 Atul