Crl. Misc. No. M-26561 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * Crl. Misc. No.M-26561 of 2009 Date of decision : October 27, 2009 * * * * * Gulshan and others ............Petitioners Versus State of Punjab and another ...........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE JORA SINGH * * * * * Present: Mr. Sarbjit Singh, Advocate for the petitioners. Mr. P.S Sidhu, Additional Advocate General, Punjab. Mr. G.S Thind, Advocate for respondent no.2. * * * * * JORA SINGH, J. Affidavit of respondent no.2-complainant filed in the Court today is taken on record. The present petition has been filed under Section 482 Cr.P.C for quashing FIR No.423 dated 18.11.2003 registered under Section 380 IPC at Police Station Civil Lines, Amritsar on the basis of compromise (Annexure P-2) and also subsequent proceedings arising of the aforesaid FIR. Crl. Misc. No. M-26561 of 2009 2 Notice of motion was issued tot he respondents. Respondent no.2 appeared through counsel and filed affidavit to the effect that parities have effected compromise. She has no objection if FIR is quashed. Learned State counsel stated that the parities have effected compromise and in view of the compromise, he has no objection if the aforesaid FIR is quashed. As per allegation in the FIR on 25.8.2003, Ashu, petitioner no.2 and her sister-in-law, Shobha wife of Vijay Kuma, petitioner no.4 came to the house of the complainant with a request that they are to attend a marriage along with Arvinder Kaur, daughter of the complainant. Ashu, Shobha and Arvinder Kaur started packing goods in a bag to attend a marriage. When Arvinder Kaur was asked by the complainant that why she is packing the goods in a bag then she replied that Ashu and Shobha wants to wear her clothes in the marriage. By saying so Ashu, Shobha and Arvinder Kaur along with bag had gone to attend the marriage. But Arvinder kaur failed to return. After checking, the almirah, an amount of 2,50,000/-, some FDRs and gold ornaments were found missing. Learned counsel for the petitioner argued that Kartar Kaur, respondeat present in the Court is the mother of Arvinder Kaur. Ashu is the sister of Gulshan, whereas Shobha is wife of Vijay Kumar. Arvinder Kaur had left the house on her own accord and had contracted marriage with petitioner no.1,Gulshan on 28.5.2003. Crl. Misc. no. 57192 of 2003 was filed. But there was no compromise and the petitioner was dismissed on 6.9.2006. Kartar Kaur is not Crl. Misc. No. M-26561 of 2009 3 going to support the prosecution story. No purpose would be solved to direct the petitioners to face trial. No question of theft of articles when daughter of the complainant was present with petitioners no. 2 and 4. Arvinder Kaur had collected the household articles and cash from her own house. Kartar Kaur present in the Court stated that she has effected compromise with the petitioner. No objection if FIR is quashed. As discussed earlier, in the presence of Kartar Kaur, daughter of the complainant collected household articles in a bag. Petitioners no. 2 & 4 along with Arvinder Kaur had left the house to attend the marriage. In fact Arvinder Kaur daughter of the complainant had contracted marriage with petitioner no.1. On account of this grudge, present FIR was got registered. In case allegations of the complaint are found to be correct one, even then no question of theft because Arvinder Kaur, daughter of the complainant had collected household articles/cash from her own house. No allegation of the complainant that petitioners no. 2 & 4 had stolen articles from her house. To afford an opportunity to the parties to reside peacefully as per compromise, I am of the opinion that the aforesaid FIR deserves to be quashed. When the complainant-party is not going to support the prosecution story then ultimately accused are to be acquitted. of the charge levelled against them. No useful purpose would be solved to direct the accused to face trial. After compromise, there is no chance of further litigation. In view of all discussed above as per compromise amongst the parties, present petition is accepted. FIR No.423 dated Crl. Misc. No. M-26561 of 2009 4 18.11.2003 is quashed with all the subsequent proceedings arising therefrom. October 27, 2009 ( JORA SINGH ) ritu JUDGE