Dismissed
Shaiwal Gupta and Anr. v. State of Punjab and Anr.
Punjab & Haryana HCCRM-M/10402/2008
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.10402-M of 2008
DATE OF DECISION : AUGUST 8, 2008
SHAIWAL GUPTA & ANR.
....... PETITIONER(S)
VERSUS
STATE OF PUNJAB AND ANR.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. Yogesh Goel, Advocate, for the petitioner(s). Mr. HS Brar, DAG, Punjab. Mr. SS Panag, Advocate, for respondent No.2.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of Criminal Procedure, for quashing of FIR No.128 dated 13.12.2005 under Sections 420, 467, 468, 471, Indian Penal Code, Police Station, Kotwali, District Ludhiana (Annexure P-1) and subsequent proceedings.
The petition has been filed on the premise that the parties have entered into a compromise and, therefore, the FIR and the proceedings be quashed.
Learned counsel for respondent No.2, however, states that there has been no compromise, as per the instructions given by complainant-respondent No.2.
Learned counsel for the respondent-State, on instructions from
Criminal Misc.10402-M of 2008
2
HC Balwinder Singh, states that a development has taken place in this case. An untraced report was filed before the Magistrate having competent jurisdiction. The complainant, however, has opposed the report filed by the police.
Having regard to the fact that the complainant has denied the factum of compromise and this being the basis for making the prayer for quashing, the petition is dismissed.
August 8, 2008 ( AJAI LAMBA ) Kang JUDGE
2 issues framed by the court
Whether the High Court should quash the FIR and proceedings under Section 482 CrPC on the premise that a compromise was reached between the parties.
Whether there was a valid compromise in the underlying cheating and forgery case warranting quashing of criminal proceedings.
2 provisions across 2 enactments
SHAiWAL GUPTA & ANR.
STATE OF PUNJAB AND ANR.
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court