JUDGEMENT
-
(1.) Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing of FIR No.110, dated 18.6.2011, registered under Sections 364, 307, 382, 294, 148, 149, 120-B of the IPC, at Police Station Sarabha Nagar, District Ludhiana, on the basis of the compromise, arrived at between the parties (Annexure P-2).
Counsel for the petitioner states that both the parties are young persons and that the petitioner had no intention to commit murder of respondent No.2 and rather the offence was committed in the heat of passion. He further states that the matter has now been compromised between the parties, as is evident from Annexure P-2.
Counsel for the State of Punjab, on instructions from ASI Swaran Singh, is not in a position to deny these factual assertions.
(2.) In view of the facts, noticed herein above, it is apparent that both the parties have arrived at a bona fide settlement and infact respondent No.2 has forgiven the petitioner. I am of the opinion that it would be in the interest of justice, as also in the interest of parties, if the present FIR and all subsequent proceedings emanating therefrom are quashed. It is a fit case where this Court should exercise jurisdiction, under Section 482 of the Cr.P.C to put an end to these futile criminal proceedings. Even otherwise, a Full Bench of this Court has issued broad guidelines in Kulwinder Singh and others vs State of Punjab and another, 2007 3 RCR(Cri) 1052, for quashing of the FIR where parties enter into compromise.
(3.) Consequently, the present petition is allowed and FIR No. 110, dated 18.6.2011, registered under Sections 364, 307, 382, 294, 148, 149, 120-B of the IPC, at Police Station Sarabha Nagar, District Ludhiana, and all subsequent proceedings emanating therefrom, are quashed;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.