Research › Search › Judgment

Punjab High Court · body

2014 DIGILAW 1393 (PNJ)

Sameer Sharma v. State of Punjab

2014-10-07

K.C.PURI

body2014
JUDGMENT Mr. K.C. Puri. J.: (Oral)- This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 100 dated 30.4.2013 under Sections 376 and 420 IPC registered at Police Station Phase-I, Mohali, on the basis of compromise, along with all subsequent proceedings arising from that FIR. 2. Notice was issued as counsel for the petitioner has alleged that respondent No.3 has married with the petitioner. Now report has been received from the trial Court in which it is mentioned that marriage photographs have been placed on record and matter has been compromised between the parties. 3. Learned State counsel has submitted that challan has yet not been presented. 4. In normal circumstances, the offence under Section 376 IPC is not compoundable but since the report has been received that petitioner and respondent No.3 are living together as husband and wife and matter has been settled. The prosecutrix/complainant is also present in the Court and she has stated at the bar that she was under the impression that petitioner is going to marry another lady and on that account, FIR was registered. 5. So, in these circumstances, the continuation of criminal proceedings would be an exercise in futility as the complainant is not likely to support the case of the prosecution. In my view, it is a fit case to allow the concession of compounding the offence in respect of the FIR in question. 6. Consequently, the view of the above circumstances and in view of authority reported as, “Kulwinder Singh and others vs. State of Punjab and others”, [2007(3) Law Herald (P&H) 2340] : 2007 (3) RCR (Criminal) 1052, the above said FIR stands quashed. Further proceedings in pursuant to that FIR also stands quashed. 7. Disposed of. ---------0.B.S.0------------ ------------------