IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-15046 of 2011 DATE OF DECISION: August 19, 2011 Amarjit Singh and others …..Petitioners versus State of Haryana and another .....Respondents CORAM:- HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr.Rakesh Nehra, Advocate for the petitioners Mr.Sidharth Sarup, DAG, Haryana Mr.Surinder Pal, Advocate for respondent No.2 .. RAJAN GUPTA, J.: (Oral) The petitioners have filed this petition under section 482 Cr.P.C. for quashing of FIR No.124 dated 19.7.2004 (Annexure P-1) registered under sections 498- A,406 IPC at police station Beri, District Jhajjar and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). Learned counsel for the petitioners and respondent No.2 submit that during the pendency of this petition, a compromise was effected between the petitioner and respondent No.2-complainant. Relying upon the judgment reported as Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052, learned counsel submit that in view of compromise, the FIR in question deserves to be quashed. Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh’s case (supra) and submits that in case a compromise is arrived at between the parties, the State shall not stand in the way of quashing of FIR. Heard. Crl.Misc.No.M-15046 of 2011 - 2 – It appears that while issuing notice of motion a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus: “In furtherance of the said direction, statement of complainant Smt. Naresh and that of the accused Amarjeet s/o Dharmpal have been recorded. Both have duly been identified. It was duly ensured that both these statements are made voluntarily without any pressure or coercion and the matter has fully been compromised between the parties.” Learned State counsel, however, submits that matter pertains to the year 2004 whereafter investigative machinery was set into motion and trial ensued. According to him, trial is at the stage of defence evidence. Thus, costs of the proceedings need to be imposed. Learned counsel for the petitioners undertakes to deposit Rs.10,000/-, as costs of the proceedings, with the Haryana State Legal Services Authority within two months on receipt of certified copy of this order. In view of the law laid down in Kulwinder Singh’s case (supra), the impugned FIR and subsequent proceedings pursuant thereto are hereby quashed subject to petitioners’ complying with the undertaking aforesaid. August 19, 2011 ( RAJAN GUPTA ) pc JUDGE 2