Crl. Misc. No. M-9843 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-9843 of 2010 (O&M) Date of decision : 30.8.2011 Suresh Gupta ...Petitioner Versus State of Punjab & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sandeep Arora, Advocate for the petitioner. Mr. Rajesh Bhardwaj, Addl. Advocate General, Punjab. Mr. A.P. Kaushal, Advocate for respondent No.2. Rajan Gupta, J. (oral) The petitioner has filed this petition under Section 482 Cr.P.C. for quashing of FIR No.228 dated 7th July, 2007 (Annexure P-1) under Sections 323, 452, 506 & 356 IPC, registered at Police Station Division No.4, Jalandhar, and the subsequent proceedings arising therefrom, on the basis of compromise arrived at between the parties. On the last date of hearing, following order was passed by this court:- “The present petition has been filed on behalf of the petitioner for quashing of FIR No.228 dated 7.7.2007 under Sections 323, 452, 506, 356 IPC registered at Police Station Division No.4, Jalandhar on the basis of compromise annexed as Annexure P-2 with the petition. Adjourned to 30.8.2011. Meanwhile, the parties are directed to be present before the trial Court on 03.06.2011 or any other date convenient to the Court for recording statements of the Crl. Misc. No. M-9843 of 2010 2 parties. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is also directed to send statements of the parties along with a report with regard to validity or otherwise of the compromise effected between the parties or whether any case is pending against either of the parties or not before the next date of hearing.” In compliance with the aforesaid order, a report along with statements of the parties has been received from the trial court (Judicial Magistrate Ist Class, Jalandhar). In its report, the trial court has observed as under:- “From the statements above mentioned, it is crystal clear that both the parties have effected compromise voluntarily, without any pressure or coercion from any side. Report of Criminal Ahlmad has been sought whether any case is pending against complainant or accused party. As per the report of Criminal Ahlmad no case is pending against the complainant Sunil Sharma in any court as per record, but a case under section 384/419/511 IPC in FIR No.317/08 of P.S. Divn. No.4, Jalandhar is pending against the accused Suresh Gupta in the court of learned Chief Judicial Magistrate, Jalandhar, which is fixed for 9.7.11 for prosecution evidence.” Learned State counsel submits that since the parties have arrived at an amicable settlement, the State would not stand in the way of quashing of the FIR on the basis of compromise. The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful Crl. Misc. No. M-9843 of 2010 3 purpose is likely to be served with continuance of the criminal proceedings. In view of the above, the present FIR and the consequent proceedings deserve to be quashed in the light of the decision of a Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR ( Crl.) 1052. Resultantly, the present petition is allowed, the FIR and the subsequent proceedings arising therefrom are quashed. This, however, shall be subject to payment of Rs.10,000/- as cost of proceedings, to be remitted to the State Legal Services Authority, Punjab. (RAJAN GUPTA) JUDGE 30.8.2011 'rajpal'