CRM M-21476 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-21476 of 2012 (O&M) Date of Decision: August 21, 2012 [ENTITY] and others. Petitioners Versus [ENTITY] and others. 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: Ms. [ENTITY], Advocate, for the petitioners. Ms. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate, for respondent Nos.2 and 3. [ENTITY], J. (Oral)
Present petition has been filed under [SECTION] [ACT] for quashing of FIR No. 32 dated 20.03.2012, under [SECTION], [SECTION], [SECTION] [ACT] and 25 and 27 of the [ACT], registered at Police Station Doraha, District Ludhiana, and all subsequent proceedings arising therefrom, on the basis of compromise dated 27.04.2012 (Annexure P/3).
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 Nos. 2 & 3, on instructions from [ENTITY] and [ENTITY], who are present in Court today, states that respondent Nos. 2 and 3 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for respondent nos. 2 & 3 has also handed over two separate affidavits dated 21.08.2012 of respondent Nos. 2 and 3 to the above effect, which are taken on record.
Consequently, in view of compromise (Annexure P/3) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. [ENTITY], 2008(2) RCR (Criminal) 429, 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.
Present petition is allowed. FIR No. 32 dated 20.03.2012, under [SECTION], [SECTION], [SECTION] [ACT] and 25 and 27 of the [ACT], registered at Police Station Doraha, District Ludhiana is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.
August 21, 2012 [ [ENTITY] ] vkd Judge