CRM M-34674 of [SECTION]2 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-34674 of [SECTION]2 (O&M) Date of Decision: January 14, [SECTION]2 [ENTITY] and others Petitioners Versus [ENTITY] and another. Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] 1) Whether Reporters of the local papers may be allowed to see the judgment ?. 2) To be referred to the Reporters or not ?. 3) Whether the judgment should be reported in the Digest ? Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate, for respondent No.2. [ENTITY], J. (Oral)
Present petition has been filed under [SECTION] [ACT] for quashing of FIR No. 25 dated 08.02.[SECTION]0, under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT], registered at Police Station City Sunam, District Sangrur along with all consequential proceedings arising therefrom, on the basis of affidavit/compromise dated 22.10.[SECTION]2 (Annexure P/2).
Learned counsel for the petitioners has relied upon a judgment of this Court in the matter of [PRECEDENT] vs. [ENTITY] and another, 2004(2) RCR (Criminal) 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, state 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 22.10.[SECTION]2 of the complainant to the above effect, which is taken on record.
Consequently, in view of affidavit/compromise (Annexure P/2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of [ENTITY] Abbot vs. [ENTITY], 2008(2) RCR (Criminal) 429, which has been affirmed by a Larger Bench of the Hon'ble Supreme Court in Gian Singh vs. [ENTITY] and another, [SECTION]2(4) R.C.R. (Criminal) 543, by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. [ENTITY] and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in [PRECEDENT]'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 [ENTITY] 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. 25 dated 08.02.[SECTION]0, under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT], registered at Police Station City Sunam, District Sangrur, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.
January 14, [SECTION]2 [ [ENTITY] ] vkd Judge