Sharanjit Singh vs State of Punjab and Another

Ajai Lamba, J.—This petition has been filed u/s 482, Code of Criminal Procedure, praying for quashing of FIR No.5 dated 10.01.2010 u/s 356, Indian Penal Code, Police Station, Old Shalley, District Gurdaspur (Annexure P-1) and subsequent proceedings, on the basis of compromise dated 9.12.2010 (Annexure P-2).

Vide order dated 31.1.2011, the trial court was directed to record the statements of the concerned persons and file a report as to the validity of the compromise (Annexure P-2).

Report dated 2.4.2011, furnished by Judicial Magistrate Ist Class, Gurdaspur, has been received, from which it is made out that the compromise has been effected between the parties without undue influence and further that the complainant has no objection if the FIR is quashed.

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.

In view of the fact that respondent No.2 does not want to prosecute the petitioner, no purpose in law would be served by continuance of proceedings.

The petition is, accordingly, allowed.

FIR No.5 dated 10.01.2010 u/s 356, Indian Penal Code, Police Station, Old Shalley, District Gurdaspur (Annexure P-1) and subsequent proceedings, are hereby quashed.