Sushil Kumar vs State Of Punjab And Another

Sudipahluwalia, J

In this petition, the Petitioner, who is the accused in F.I.R No.188, dated 23.12.2014, under Sections 406/498-A of the Indian Penal Code (for short,

'the IPC') and Section 8 of Protection of Children from Sexual Offences Act, registered at Police Station City-1, Tehsil Abohar, District Fazilka,

Punjab (Annexure P-1), has prayed for quashing of F.I.R. with all subsequent proceedings pending therefrom, on the basis of compromise.

Now the Complainant/Respondent No.2 has arrived at a settlement with the accused vide Compromise Deed (Annexure P-2), which is duly signed

by her. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the

compromise arrived at between the parties. The Ld. Sub Divisional Judicial Magistrate, Abohar, vide report dated 9th November, 2020 has apprised

this Court that the compromise arrived at between the parties is genuine and without any pressure.

Respondent No. 2 is represented by her Counsel who does not dispute the factum of compromise.

In view of the report of the Ld. Sub Divisional Judicial Magistrate, Abohar, and in view of the decision of the Hon'ble Supreme Court in “Gian

Singh Vs. State of Punjab and anotherâ€, 2012(4) RCR (Criminal) 543 and “Narinder Singh and Others Vs. State of Punjab and Anotherâ€, (2014)

6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping with the criminal proceedings pending, since the

Complainant/Respondent No.2 has herself compromised the dispute with the Petitioner/accused.

In the circumstances, the present petition is allowed. F.I.R No.188, dated 23.12.2014, under Sections 406/498-A of the IPC and Section 8 of

Protection of Children from Sexual Offences Act, registered at Police Station City-1, Tehsil Abohar, District Fazilka, Punjab (Annexure P-1), and all

consequential proceedings arising therefrom, are hereby quashed QUA the Petitioner.