[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 10.09.2012 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH Present: - Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], AAG, Punjab. Mr. [ENTITY], Advocate, for respondent No.2. PARAMJEET SINGH, J. (ORAL)
This petition has been moved by the petitioners under [SECTION] of the [ACT], seeking quashing of case FIR No.47 dated 6.4.2012 registered under [SECTION] [ACT] ([SECTION] [ACT] added later on) and [SECTION] of the [ACT], District Sangrur, along with all the consequential proceedings arising therefrom, on the basis of compromise dated 19.5.2012 (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 [CASE NUMBER] 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 the complainant, on instructions from the complainants, states that complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for complainant-respondent No.2 has also handed over an affidavit dated 10.9.2012 to the above effect, which is taken on record.
Learned State counsel also states that even the cancellation report has been prepared.
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. [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) and also that cancellation report has been prepared, no useful purpose would be served in prolonging the litigation.
Present petition is allowed. FIR No.47 dated 6.4.2012 registered under [SECTION] [ACT] ([SECTION] [ACT] added later on) and [SECTION] of the [ACT], [CASE NUMBER], is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.
([ENTITY]) Judge September 10, 2012 R.S.