High CourtsSingle Bench(2010) 09 P&H CK 0373

Anita Narang vs State of Punjab and Others

Punjab And Haryana At Chandigarh · Decided on 1 September 2010

HON’BLE JUDGES
Gurdev Singh, J
CASE NUMBER
Criminal Miscellaneous No. M-11297 of 2010 (O and M)

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Judgment

8 paragraphs · 264 words

Gurdev Singh, J.—Heard.

2.

The petitioner � Anita Narang has filed this petition u/s 482 of the Code of Criminal Procedure for quashing the FIR No. 212, dated 24.11.2008, registered under Sections 279 and 427 IPC, in Police Station SAS Nagar (Mohali), District Mohali and all the subsequent proceedings on the basis of the compromise executed between her and Mohinder Singh � respondent No. 2, who got that FIR lodged.

3.

The factum of the compromise was admitted on behalf of respondent No. 2 by his counsel and it was stated by him that he has no objection to the quashing of the FIR.

4.

The report of the trial Court was called, if the parties have voluntarily entered into compromise in respect of the offences mentioned in the FIR and that report was to be given after recording the statements of the parties.

5.

The report of the trial Court has been received and it is reported therein that the parties have compromised the matter as per their own sweet-will, without any undue force or pressure.

6.

Though the offence u/s 279 IPC is non-compoundable u/s 320 Cr.P.C., yet the parties could have entered into compromise even in respect of that offence and the FIR can be quashed as was held by Full Bench of this Court in Kulwinder Singh and Ors. v. State of Punjab 2007(3) RCR (Crl) 1052.

7.

In view of the compromise so entered into between the parties, the above mentioned FIR and all the subsequent proceedings are ordered to be quashed.

8.

The petition is disposed of accordingly.