The High Court quashed First Information Report No.216 and consequential proceedings under Section 482 CrPC based on a post-facto settlement deed between the petitioner and complainant in a cheating case.
FIR No.216 dated 13.12.2006 and all consequential proceedings arising therefrom are hereby quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M 1419 of 2009 Date of decision: 5.2.2009
Jasbir Singh
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR.JUSTICE HARBANS LAL
Present: Mr.Rajesh Gupta, Advocate for the petitioner
Mr.TS Salana, DAG, Punjab
Mr.Dinesh Sharma, Advocate for respondent No.2- complainant
Harbans Lal, J.(Oral)
This petition has been moved by Jasbir Singh petitioner under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.216 dated 13.12.2006, registered under Section 420 of the Indian Penal Code at Police Station Dhuri, District Sangrur and all consequential proceedings arising therefrom, on the ground of compromise (Annexure P-2).
The grounds pleaded are that the parties have compromised the matter with the intervention of the respectables, therefore, no useful purpose would be served if the proceedings are allowed to continue. A compromise deed Annexure P2 has been executed between the parties. Complainant has also sworn an affidavit wherein he has stated that he has no objection, if the FIR in question is quashed as the matter has been compromised.
CRM No. M 1419 of 2009 -2-
Mr.Dinesh Sharma, Advocate appearing on behalf of respondent no.2- complainant has also conceded this fact.
In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, the Court is competent to quash the proceedings on the basis of compromise. Sequelly, this petition is accepted and FIR No.216 dated 13.12.2006, registered under Section 420 of the Indian Penal Code at Police Station Dhuri, District Sangrur and all consequential proceedings arising therefrom are hereby quashed.
February 5, 2009 gsv
(Harbans Lal) Judge
1 issue framed by the court
Whether FIR No.216 registered under Section 420 IPC should be quashed on the ground of compromise between parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of PunjabDistinguished¶18
Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052
2 provisions across 2 enactments
Jasbir Singh
State of Punjab
Complainant
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
