KARAMVIR 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. 170 dated 03.10.2009, under Section 498-A IPC (Section 406 IPC added later on), registered at Police Station Rampura, District Bathinda, on the basis of compromise/affidavit of respondent No.2-Harsimran Kaur dated 13.08.2012 (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-complainant, on instructions from the complainant, who is present in Court today, states that the complainant 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 29.01.2013 of Harsimran Kaur respondent no.2 to the above effect, which is taken on record.