IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.5016 -M of 2011 (O&M) DATE OF DECISION : AUGUST 11, 2011 SWARU ETC. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. SP Soi, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. Mr. Mohd. Salim, Advocate, for respondents 2 & 3. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of FIR No.140 dated 19.10.2010 under Sections 363, 366, 120-B, 376, Indian Penal Code, Police Station, Mukerian, District Hoshiarpur (Annexure P- 1), on the basis of compromise (Annexure P-4). Affidavit sworn by Bharu (respondent No.2/complainant) has been placed on record as Annexure P-5. 2 Learned counsel for the petitioners contends that petitioner No.4 was married to respondent No.3. The two approached this Court for protection vide CRM 33950-M of 2010. Vide order dated 18.11.2010 (Annexure P-3), certain directions were also issued. Criminal Misc. No.5016 -M of 2011 (O&M) 2 3 Learned counsel for the petitioners contends that subsequently respondent No.3 came under the influence of her family members and refused to join her matrimonial home. Be that as it may, in the facts and circumstances of the case, the FIR came to be lodged. 4 At this juncture, victim-respondent No.3 and complainant/respondent No.2 have settled all their disputes with the petitioners. Respondents No.2 and 3 do not want to prosecute the petitioners and, therefore, no purpose, in law, would be served by continuance of proceedings. 5 The trial court was directed to verify the factum of compromise vide order dated 21.2.2011. Report dated 18.5.2011 has been received from Judicial Magistrate Ist Class, Mukerian, according to which, compromise has been effected without any coercion or pressure. 6 Considering the peculiar facts and circumstances of the case, as noticed above, and the fact that the FIR, per se, does not disclose commission of offence of rape, continuance of proceedings shall be an exercise in futility. 7 The petition is, accordingly, allowed. 8 FIR No.140 dated 19.10.2010 under Sections 363, 366, 120-B, 376, Indian Penal Code, Police Station, Mukerian, District Hoshiarpur (Annexure P-1) and consequent proceedings are hereby quashed. August 11, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?