High CourtsSingle Bench(2011) 08 P&H CK 0079

Bittu Doomra and Another vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 18 August 2011

HON’BLE JUDGES
Ajai Lamba, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. 32114 -M of 2010

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Judgment

6 paragraphs · 217 words

Ajai Lamba, J.

1 This petition has been filed u/s 482, Code of Criminal Procedure, praying for quashing of FIR No.108 dated 26.07.2010 under Sections 452, 336, 34, Indian Penal Code, and Section 25 of the Arms Act, Police Station, City Jalalabad (West), District Ferozepur, and subsequent proceedings, on the basis of compromise.

2.

Ashok Kumar Chugh (complainant/respondent No.2), as identified by Shri Jonny Goyal, Advocate, is present in Court and states that he does not want to prosecute the petitioner in consequence of lodging of the FIR. It has been pleaded that he swore affidavit dated 10.9.2010 (Annexure P-1) to the effect that he does not want to proceed with the FIR and has no objection if the FIR is quashed.

3.

Learned counsel for the respondent-State contends that because the disputes have been settled by way of compromise, the State would have no objection to the quashing of the FIR.

4.

Considering the nature of offences; the fact that respondent No.2 is not ready to prosecute the petitioners and continuance of proceedings shall be an exercise in futility, this petition is allowed.

5.

FIR No.108 dated 26.07.2010 under Sections 452, 336, 34, Indian Penal Code, and Section 25 of the Arms Act, Police Station, City Jalalabad (West), District Ferozepur, and subsequent proceedings, are hereby quashed.