MANMEET SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Present petition has been filed under Section 482 Cr. P. C. for quashing of FIR No. 56 dated 29.08.2011, under Sections 436, 427 IPC, registered at Police Station Kahnuwan, District Gurdaspur and subsequent proceedings arising out of the said FIR, on the basis of compromise dated 04.07.2012 (Annexure P/2).

(2.) Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004 2 RCR(Cri) 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound noncompoundable offence. Learned counsel for respondent No. 2, on instructions from Pritam Singh, who is present in Court today, states that respondent No. 2 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

(3.) Learned counsel for respondent no. 2 has also handed over an affidavit dated 26.09.2012 of respondent No. 2 to the above effect, which is taken on record.