Quashing of FIR and consequential proceedings based on compromise, absence of incriminating evidence, and innocence of other family members.

JITENDRA CHAUHAN, J. (Oral)

1. This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.81 dated 19.09.2011, registered under Sections 304-B/34 of the Indian Penal Code (for short 'the IPC'), at Police Station Chabewal, District Hoshiarpur, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The learned counsel for the petitioners as well as for private respondent jointly submit that since the parties have arrived at an out of Court settlement by way of compromise, the impugned FIR along with the consequential proceedings arising therefrom are liable to be quashed.

3. I have heard the learned counsel for the parties.

4. On the statement of the complainant, the present FIR was registered against the petitioner and his family members. During the course of the investigation, Chaman Lal, father-in-law, Sudershna, mother-in-law; Babita alias Bobby, sister-in-law (Jethani) were found innocent. Accordingly, no challan was presented against these persons. The investigation of the case is still going on with regard to the role of the petitioner. The learned counsel for the petitioner submits that the petitioner left India on 19.04.2011 and thereafter, has not visited India. He being the sole bread-earner, used to send money in the account of the deceased to pursue her studies.

5. The complainant is present in person and states that he was wrongly briefed by the neighbours and that is why he lodged the FIR. Subsequently, he came to realize that the persons named by him are not responsible for the death of his daughter. The compromise, Annexure P-2, was also reached between the parties.

6. Keeping in view that in the absence of any incriminating evidence, the other members of the family were found innocent and the petitioner was/is abroad, this Court feels that no purpose would be served in continuing the proceedings against the petitioner.

7. Taking into consideration the facts and circumstances of the present case and in view of the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this petition is allowed and FIR No.81 dated 19.09.2011, registered under Sections 304-B/34 IPC, at Police Station Chabewal, District Hoshiarpur, and all consequential proceedings arising therefrom, are hereby quashed.