Crl. Misc.No. M- 23815 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc.No. M- 23815 of 2011 (O&M) Date of decision : 09.02.2012 [ENTITY] and others Petitioners versus [ENTITY] and another Respondents CORAM: HON'BLE MS. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioners Mr. [ENTITY], Advocate for respondent No. 1 Mr. [ENTITY], Advocate for respondent No. 2 [ENTITY] , J. (Oral)
The present petition has been filed under [SECTION] [ACT] for quashing the FIR No. 46 dated 25.03.2009 under [SECTION] of [ACT], registered at Police Station Sector 19, Chandigarh, on the basis of compromise dated 16.07.2011 (Annexure P2).
Brief facts of the case are that petitioner No. 1 got the S.C.F No. 5-6, Sector 19-C, Chandigarh on lease from the complainant i.e respondent No. 2 vide lease deed dated 12.07.2005. In the year 2004, a rent deed was executed with [ENTITY]-petitioner No. 1 of 1st and 2nd floor of the said shop but due to some reason the dispute had arisen between them. A dispute arose with the tenant and the case is pending in the Court. Since then the possession was with the complainant. Thereafter, status quo order was passed by the Court. Thereafter, [ENTITY] and [ENTITY] along other ladies and 6-8 boys came with iron rode, sticks and sharp edged weapons etc in their hands. They started to break the doors with bricks and stones which were locked from inside. [ENTITY], [ENTITY] and other ladies started abusing and said that today they will take the possession and if they were stopped, then they will kill all of them. Thereafter father of the complainant called the police and in the above background, the F.I.R was registered against the petitioners.
However, after presentation of the challan and after framing of the charges, when the matter was at the stage of evidence, both the parties arrived at a compromise dated 16.07.2011 with the intervention of the respectable persons (Annexure P2). As per compromise, the matter has been compromised with the petitioners. Both the parties have withdrawn the civil litigation pending between the parties and the petitioners surrendered their all rights, lien, tenancy rights over the premises describable as S.C.F No. 5-6, Sector 19-C, Chandigarh and the complainant does not want to pursue the matter further against the petitioners and has no objection if the F.I.R is cancelled by the police as well as by the competent Court. Affidavit of the complainant dated 16.07.2011 (Annexure P-3) is also the same effect.
Respondent No.2-complainant appeared through her counsel and filed her reply by way of short affidavit dated 09.02.2012 admitting the factum of compromise stating that due to intervention of respectable and relatives, the matter has been compromised with the petitioners on 16.07.2011. it has further been stated by respondent No.2 that there was civil suit pending in the Court of Civil Judge, Chandigarh qua the property in dispute filed by the petitioners and on the basis of compromise, the civil suit was ordered to be withdrawn by the petitioners and as per the terms and conditions of the compromise, the petitioners will not claim any right, title or interest in the disputed property and the original compromise deed dated 16.07.2011 has been filed in Civil Court, Chandigarh. Now she is having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioners. Respondent No.2-complainant is present in the Court and has been identified by her counsel. The compromise is voluntarily and without any pressure. As per compromise dated 16.07.2011 (Annexure P-2), both the parties have settled the dispute amicably as per the conditions recorded in the compromise. Counsel for the parties does not dispute the genuineness of the compromise dated 16.07.2011 (Annexure P-2) annexed with the petition.
Consequently, in view of the affidavit dated 09.02.2012 and in view of the judgment of the Hon'ble Supreme Court in the case of [PRECEDENT] (supra), the law laid down by the Full Bench of this Court in the case of [PRECEDENT] (supra), no useful purpose would be served in prolonging the litigation.
Accordingly, FIR No. 46 dated 25.03.2009 under [SECTION] of [ACT], registered at Police Station Sector 19, Chandigarh is quashed with all consequential proceedings arising therefrom qua petitioners.
The petitions stands disposed of.
([ENTITY]) JUDGE February 09, 2012 [ENTITY]