High CourtsSingle Bench(2012) 08 P&H CK 0153

Jasmer Singh vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 21 August 2012

HON’BLE JUDGES
Ritu Bahri, J
CASE NUMBER
Criminal Miscellaneous No. M-11349 of 2012 (O and M)

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Judgment

5 paragraphs · 347 words

Ritu Bahri, J.—Quashing of FIR No. 48 dated 28.2.2012 under Sections 379, 356 IPC registered at Police Station City Kapurthala (Annexure P1) is being sought on the basis of compromise dated 12.3.2012 (Annexure P-2). The FIR was registered on the basis of statement made by Arvind Kumar, who has been working as a Teacher in the Government Polytechnic College, that on 28.2.2012 when he and his wife Neelam Bala Sharma were returning from market at 8:30 P.M. two persons came on a cycle. They stopped near them and snatched the gold chain and ran away. The complainant followed them. After some distance, the motor cycle fell down and the driver disclosed his name to be Jasmer Singh son of Kuldip Singh. The person on the pillion ran away from the spot along with the gold chain. In this background the FIR was registered.

2.

During the pendency of the investigation a compromise was effected between the parties on 12.3.2012 (Annexure P2).

3.

In compliance of the order dated 23.4.2012, status report dated 20.6.2012 has been filed by the Chief Judicial Magistrate Kapurthala. As per this report, statement of the parties have been recorded to the effect that they have compromised the matter with the intervention of the respectables and out of their free will.

4.

In view of the statements of the parties, the Court is satisfied that the compromise arrived at between the parties is genuine and without any pressure or coercion and no useful purpose would be served by continuing the criminal proceedings.

5.

Consequently, in view of the above circumstances and in view of the judgment of the Hon''ble Supreme Court in the case of Madan Mohan Abbot Vs. State of Punjab, and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR (Crl.) 1052, FIR No. 48 dated 28.2.2012 under Sections 379, 356 IPC registered at Police Station Cityu Kapurthala (Annexure P1) is quashed with all consequential proceedings arising therefrom qua petitioner. Petition is disposed of.