HARBHAJAN SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Code of Criminal Procedure. for quashing of the FIR No. 181 dated 18.04.2009 under Sections 279, 338 and 506 IPC registered at Police Station Kotwali, Patiala, as well as, the subsequent proceedings arising out of the said FIR on the basis of compromise/affidavit dated 12.01.2011.

(2.) NOTICE of motion.

(3.) THE FIR was registered against the present Petitioner by Respondent No. 2 -Amarjit Kaur wife of Shri Sukhwinder Singh. Due to the intervention of respectable, friends and relatives from both sides, the matter has been compromised. As per the compromise, the complainant Respondent No. 2 -Amarjit Kaur does not wish to pursue the above mentioned FIR against the Petitioner. Respondent No. 2/complainant is present, in person, in the Court. An affidavit was also executed affirming the factum of compromise and the same is placed on record. It is duly stated by her that the matter has been compromised and she has no objection, if the said FIR is quashed. The Petitioner, as well as, Respondent No. 2 are real brother and sister. The present FIR arises out of the misunderstanding with regard to the Will dated 03.04.2008. The matter having been compromised, it is fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Code of Criminal Procedure for quashing of the FIR.