Crl. Misc. M 7444 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Crl. Misc. M 7444 of 2017
Date of decision: 30.05.2017
Baggi alias Kamala Bhatti …….. Petitioner
State of Punjab and another …….Respondents
Coram: Hon’ble Mrs. Justice Rekha Mittal
Present: None for the petitioner
Mr. Neeraj Sharma, AAG, Punjab
None for respondent No. 2
Rekha Mittal, J.
Through the present petition filed under Section 482 of the
Code of Criminal Procedure (in short, ‘Cr.P.C.’), the petitioner prays for
quashing of FIR No. 122 dated 02.06.2013 for offence punishable under
Sections 509, 294 and 506 (Section 354 added later) of the Indian Penal
Code (in short, ‘IPC’) registered with Police Station City Batala, Police
District Batala and proceedings emanating therefrom on the basis of
compromise dated 13.02.2017 (Annexure P-2) arrived at between the
It is pleaded that with the intervention of respectable of the
locality, the petitioner and respondent No. 2 have compromised the matter
vide compromise dated 13.02.2017.
Vide order dated 06.03.2017, the parties were directed to
appear before the Illaqa Magistrate/trial Court to get their statements
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Crl. Misc. M 7444 of 2017 2
recorded with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the Sub
Divisional Judicial Magistrate, Batala wherein it has been reported that
statements of the parties have been recorded and they have voluntarily
compromised the matter.
Counsel for the State does not dispute genuineness of the
compromise in view of report of the Court below.
There is no representation on behalf of respondent No. 2.
A perusal of allegations in the FIR reveals that the present case
squarely falls in that category of cases which can be quashed by the High
Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping
in view the authoritative enunciation of law laid down by Hon’ble the
Supreme Court in ‘Gian Singh v. State of Punjab and another’, 2012(4)
R.C.R. (Criminal) 543 and in the light of facts and circumstances of the
present case, this Court is of the considered opinion that continuation of
criminal proceedings would amount to abuse of process of law and it is
expedient in the interest of justice that criminal proceedings are put to an
In this view of the matter, the petition is allowed and FIR
City Batala, Police District Batala and proceedings emanating therefrom on
the basis of compromise stand quashed qua the petitioner.
Whether speaking/reasoned : Yes/No
whether reportable : Yes/No
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