HARVINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE prayer made in this present petition filed under Section 482 of the Cr.C.P. (for short 'the Code') is for quashing of FIR No. 49 dated 26.3.2008 registered under Sections 420, 406 IPC at Police Station, Patran, District Patiala and all subsequent proceedings arising therefrom.

(2.) LEARNED counsel for the petitioner submits that the dispute between the parties has been compromised. An affidavit dated 5.4.2008 has been furnished by respondent No. 2/ complainant with the Investigating Officer on the basis of which, the police also is in process of presenting untraced report in the Court. Once that is so the FIR in question registered against the petitioner be quashed. Reliance has been placed upon a five Judge Bench judgment of this Court in Kulwinder Singh v. State of Punjab,, 2007 (3) Law Herald (P&H) 2225.

(3.) LEARNED counsel for the State has produced a communication dated 20.5.2008 from Senior Superintendent of Police, Patiala to Advocate General, Punjab admitting the fact that the complainant had submitted an affidavit admitting compromise arrived at between the parties and on the of 2008 -2 - basis thereof, untraced report has been sent on 22.4.2008. It is further stated in the letter that the police does not have any objection in case the FIR in question is quashed. Letter is taken on record as Mark 'B'.