Criminal Misc. No. 47438-M of 2006 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 47438-M of 2006 Date of decision : February 25, 2008 Vinod Soni and others .....Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Vikas Bahl, Advocate for the petitioners. Mr. Anter Singh Brar, Deputy Advocate General, Punjab for respondent No. 1. Mr. Sandeep Jain, Advocate for respondent no.2/complainant and complaint in person. RAJESH BINDAL J. The prayer made in this petition filed under Section 482 of the Code of Criminal Procedure ( for short “the Code”) is for quashing of complaint No. 350/1/05 dated December 20, 2004 filed under Section 406 IPC and order dated January 17, 2006 passed by Judicial Magistrate Ist Class, Nawanshahr whereby petitioners have been summoned under Section 406 IPC and all subsequent proceedings arising therefrom on the basis of compromise having been effected between the parties. Learned counsel for the petitioners submits that the dispute between the parties has been settled amicably by way of compromise which has been reduced in writing. Copy thereof is produced in Court, which is taken on record. As per terms of the compromise, Rs. 5,00,000/- by way of draft bearing No. 721531 dated February 18, 2008 have been paid to the complainant and Rs. 5,00,000/- each to the children of the complainant, namely, Shivam Soni and Priyanka Soni have been paid by way of draft bearing Nos. 721530 and 721529 dated February 18, 2008 respectively in Court today, which was received by the complainant. The complainant has also received all her gold, silver jewellery articles, documents and other Criminal Misc. No. 47438-M of 2006 -2- *** belongings pertaining to her and her children. In the compromise placed on record, complainant while admitting the factum of compromise, stated that she has no objection in case complaint in question is quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh v. State of Punjab 2007 (3) Law Herald (P&H) 2225. The facts stated by the petitioners are not disputed by the learned counsel for respondent no.2/complainant. Once the matter has been compromised between the parties, no useful purpose will be served in proceeding with the prosecution. Accordingly, considering the law laid down by this Court in Kulwinder Singh's case (supra), complaint No. 350/1/05 dated December 20, 2004 filed under Section 406 IPC and order dated January 17, 2006 passed by Judicial Magistrate Ist Class, Nawanshahr and all subsequent proceedings arising therefrom are quashed. The petition is disposed of accordingly. February 25, 2008 (Rajesh Bindal) Pka Judge