BH DUTT Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed this petition under section 482 Cr.P.C. for quashing of FIR No.5 dated 16.1.2011 registered under sections 279/337/338 at police station Sohana, District Mohali and all the subsequent proceedings arising therefrom on the basis of compromise (Annexure P-1). Learned counsel for the petitioner submits that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Respondent No.2 is present in court today. He has been duly identified by Head Constable Balbir Singh. Respondent No.2-Lakhbir Singh has produced his affidavit in court which is taken on record as Mark ''A'' admitting therein the factum of compromise arrived at between the parties. It has further been stated in the affidavit that respondent No.2 has no objection if the FIR and all consequential proceedings arising therefrom are quashed.

(2.) Learned counsel for the petitioner submit that in view of compromise, the impugned FIR deserves to be quashed. Learned counsel for the State submits that in view of compromise the State will not stand in the way of quashing of the FIR in question.

(3.) The compromise is in the interest of parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh & others vs. State of Punjab, 2007 3 RCR(Cri) 1052.