Crl. Misc. No.60130 of 2009 and - 1 - CRM-M-31876 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Crl. Misc. No.60130 of 2009 and CRM-M-31876 of 2009 DATE OF DECISION: 26.11.2009 **** Davinder Kumar . . . . Petitioner VS. State of Punjab and another . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Naiya Gill, Advocate for the petitioner. Mr.Abhishek Chautala, AAG, Punjab. Mr.Surinder Sharma, Advocate for the complainant. **** RAKESH KUMAR JAIN J. (ORAL) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) for quashing of the FIR No.243 dated 1.8.2009 registered under Sections 376/506 of the Indian Penal Code (for short ‘IPC’) at Police Station P.S. Jodhewal, District Ludhiana, on the basis of a compromise alleged to have been effected between the petitioner and complainant. The aforesaid FIR was registered by Mamta Rani (respondent No.2), in which she has averred that she was in love with the petitioner, who sexually exploited her by giving false assurance of marriage. Crl. Misc. No.60130 of 2009 and - 2 - CRM-M-31876 of 2009 Learned counsel for the petitioner has submitted that respondent No.2 has filed one affidavit dated 18.8.2009, in which, she has averred that she does not want to continue with the criminal proceedings as she is getting married. It is submitted that pendency of this case would spoil the prospects of her marriage, therefore, she has sworn in her affidavit that the FIR may be quashed. Learned counsel for the petitioner has also filed another affidavit of the complainant along with a Panchayati compromise by way of an application i.e. Crl. Misc. No.60120 of 2009. The same is hereby allowed. Documents, Annexures P-3 & P-4, are taken on record. In the affidavit dated 20.11.2009, she has averred that she has been engaged to Ram Sarup son of Dev Parkash R/o Village Aima, Tehsil Balachur, Distt. Nawansher and her marriage is fixed for 4.1.2010. Learned counsel for the petitioner has relied upon a decision of this Court in the case of “Sharan Deep Singh Vs. State (U.T. Chandigarh)” 2002(1) Criminal Court Cases 145 (P&H), where the case was registered under Sections 376, 363 IPC and the FIR was quashed on the ground that the girl is stated to have already been engaged to be married to some other person and it would be in the interest of justice to quash the FIR as the continuation of criminal proceedings in this regard would tarnish her social image. Respondent No.2 is present in the Court along with her father. I have asked respondent no.2 specifically about the affidavits to which she has stated that affidavits are sworn by her. Her Crl. Misc. No.60130 of 2009 and - 3 - CRM-M-31876 of 2009 father has also stated that they do not want the continuation of the present proceedings. Learned counsel for the petitioner has also relied upon a decision of Full Bench of this Court rendered in Kulwinder Singh & Others vs. State of Punjab and others, 2007(3) RCR (Criminal) 1052, to contend that even non-compoundable offence can also be compounded. After hearing learned counsel for the parties and keeping in view the peculiar facts and circumstances of the case, present petition is allowed. FIR No.243 dated 1.8.2009 registered under Sections 376/506 IPC and all subsequent proceedings arising therefrom are hereby quashed. (RAKESH KUMAR JAIN) NOVEMBER 26, 2009 JUDGE Vivek