ROOP KUMAR Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) PRESENT petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.423 dated 19.8.2009, registered under Sections 406/498-A IPC at Police Station Sector 34, Chandigarh, on the basis of compromise dated 28.8.2012 (Annexure P-2).

(2.) LEARNED counsel for the petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 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 non-compoundable offence.

(3.) LEARNED counsel for respondent No.4 ­ complainant has also handed over an affidavit dated 17.1.2013 to the above effect, which is taken on record.