- (1.) An FIR No.199 dated 17.12.2008 was registered under Sections 376/420 IPC at Police Station, Sarabha Nagar District Ludhiana alleging that respondent No.2-accused Kashmir Singh had promised the petitioner to marry her and had requested her to live with him in the same house to which she agreed and thus, obtained her consent and committed sexual intercourse with her number of times. However, later on he refused to marry her and thus, committed sexual intercourse with her consent which was obtained by fraud.
(2.) With the intervention of the respectables, respondent-Kashmir Singh agreed to marry her and thus, the petitioner filed an affidavit in Crl.Misc.No.11896 of 2009 decided on 30.5.2009 before this Court and thereafter, this Court released the respondent-Kashmir Singh on bail. Keeping in view the fact that the dispute was settled between the parties and the respondent had promised to marry her, the petitioner filed Criminal Misc.No.M-16467 of 2009 seeking indulgence of this court to quash the proceedings in FIR No.199 dated 17.12.2008 against respondent-Kashmir Singh to enable her to start a fresh life with him.
(3.) Keeping in view the submissions made, this Court allowed the said petition vide order dated 10.7.2009 by passing the following order: "This petition has been moved under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.199 dated 17.12.2008 (Annexure P-1), registered under zs 376, 420 of the Indian Penal Code at Police Station Sarabha Nagar, District Ludhiana and all consequential proceedings arising therefrom, on the ground of compromise (Annexure P- 3). Learned counsel for the petitioner maintained with great eloquence that respondent No.2 Kashmir Singh had promised to marry the petitioner and on the pretext to marry, he obtained her consent and committed sexual intercourse. When respondent No.2 refused to marry the petitioner, the latter was constrained to lodge the present FIR against respondent No.2. He further submits that with the intervention of the respectables, both the parties have settled their dispute and respondent No.2 has agreed to marry the petitioner. These facts have been gracefully conceded by the learned counsel for respondent No.2. Therefore, no useful purpose would be served if the proceedings are allowed to continue. Petitioner Harmeet Kaur, who is the author of the alleged FIR, has sworn an affidavit dated 2.6.2009 (Annexure P-3) in the form of compromise, wherein she has stated that she has no objection if the FIR in question is quashed, as the matter has been compromised. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to quash the proceedings on the basis of compromise. Sequelly, this petition is accepted and FIR No.199 dated 17.12.2008 (Annexure P-1), registered under Sections 376, 420 of the Indian Penal Code at Police Station Sarabha Nagar, District Ludhiana and all consequential proceedings arising therefrom are hereby quashed." ;