LAWS(P&H)-2012-7-176

GURINDER SINGH Vs. STATE OF PUNJAB

Decided On July 20, 2012
GURINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 26 dated 22.02.2012 registered finder Sections 376, 342, 506, 34 of the Indian Penal Code (for short the IPC), at Police Station Shimla Puri, Ludhiana, and all consequential proceedings arising therefrom, on the basis of compromise dated 12.03.2012 (Annexure P-2) arrived at between the parties. The complainant is present in person. She is in the family way. She states that engagement ceremony with petitioner No. 1 has already been performed in the jail premises itself and they propose to marry each other. She is accompanied by Mr. Balbir Singh, her maternal uncle, who has also participated in the engagement ceremony in the jail.

(2.) The learned counsel for the petitioners submits that in view of the genuine compromise arrived at between the parties, the impugned FIR and consequential proceedings arising therefrom, are liable to be quashed. Taking into consideration the fact that respondent No. 2 will be rehabilitated and saved from the stigma and in view of the law laid down in Kulwinder Singh v. State of Punjab, 2007 3 RCR(Cri) 1052; this petition is allowed and FIR No. 26 dated 22.02.2012 registered under Sections 376, 342, 506, 34 of the Indian Penal Code (for short 'the IPC'), at Police Station Shimla Puri, Ludhiana, and all consequential proceedings arising therefrom are hereby quashed.

(3.) In view of the fact that the FIR stands quashed, petitioner No. 1 will be released from Central Jail, Ludhiana, in this case forthwith.