Allowed

Rupinder Singh v. State of Punjab & Another

Punjab & Haryana HC24 Aug 2009CRM-M/14609/2009

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed the petitioner's petition to quash FIR No. 29 dated 11.05.2002 registered under Sections 279/337/338 IPC. The court quashed the FIR and all consequential proceedings upon the basis of a compromise dated 05.05.2009 entered into between the parties, acknowledging that the disputes were amicably resolved.

What did the court decide?

FIR No. 29 dated 11.05.2002 under Sections 279/337/338 IPC and all consequential proceedings arising therefrom are quashed.

Rupinder Singh Vs State of Punjab & Another — Cheque Dishonour | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-14609 of 2009

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Date of decision: 24.08.2009

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Rupinder Singh son of Sh. Gurnam Singh

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..... PETITIONER

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VERSUS

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State of Punjab and another

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..... RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

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Present : Mr. Abhinav Oberoi, Advocate, for the petitioner.

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Mr. Amandeep Singh Rai, AAG, Punjab, for respondent No. 1.

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Mr. Deepak Sonak, Advocate, for respondent No. 2.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Prayer in the present petition is for quashing of the FIR No. 29 dated 11.05.2002 under Sections 279/337/338 IPC registered at Police Station Chamkaur Sahib, District Ropar (Annexure P-1) along with all consequential proceedings arising therefrom on the basis of a compromise, which has been entered into between the parties dated 05.05.2009, copy whereof has been placed on record as Annexure P-2.

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Crl. Misc. No. M-14609 of 2009

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-2-

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Counsel for the petitioner contends that in the light of the compromise, wherein the dispute has been amicably resolved and the affidavit dated 22.05.2009 filed by the complainant-respondent No. 2 (Annexure P-3) acknowledging this fact, the present FIR may be quashed along with all consequential proceedings arising therefrom.

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Upon notice of motion having been issued, affidavit of Joginder Singh son of Sh. Ram Singh-respondent No. 2 has been filed in the Court today, which is taken on record.

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Counsel for respondent No. 2, on the basis of the said affidavit, states that in view of the compromise, the complainant has no objection to the quashing of the FIR along with all consequential proceedings.

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Mr. Joginder Singh-complainant is present in the Court (as has been identified by his counsel). ASI Kesar Singh, Police Station Chamkaur Sahib is also present in the Court, who also identifies the complainantJoginder Singh. On being asked by this Court, the complainant accepts the fact that a compromise dated 05.05.2009 has been entered into between the parties and on the basis of the said compromise, he does not want to further pursue the matter and all disputes have been amicably resolved. He further states that he also does not have any objection if the FIR in question and all consequential proceedings arising therefrom are quashed. Counsel for the State also, in the light of the compromise, does not oppose the quashing of the FIR.

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In view of the above statement of the complainant and the agreement, which has been entered into between the parties, which has been acknowledged by them, it would be just and equitable that the FIR in question is quashed so that the petitioners and respondent No. 2 can move forward in their lives.

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Crl. Misc. No. M-14609 of 2009

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-3-

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A Larger Bench of this Court in the case of Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052, while discussing the scope of quashing of prosecution on the basis of compromise, in exercise of powers under Section 482 Cr.P.C., even in non-compoundable offence(s), has held as under:-

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“28. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “ finest hour of justice”. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.

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The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C. in order to prevent the abuse of law and to secure the ends of justice.”

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Crl. Misc. No. M-14609 of 2009

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Therefore, in view of the discussion above, since the parties have amicably settled the matter, no useful purpose would be served if the proceedings are continued before the trial Court.

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Accordingly, the present petition is allowed. FIR No. 29 dated 11.05.2002 under Sections 279/337/338 IPC registered at Police Station Chamkaur Sahib, District Ropar (Annexure P-1) along with all consequential proceedings arising therefrom are hereby quashed.

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( AUGUSTINE GEORGE MASIH ) JUDGE

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August 24, 2009 pj

Rupinder Singh v. State of Punjab & Another

Case brief

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Rupinder Singh v. State of Punjab & Another

Case brief

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