The High Court quashed an FIR registered under Sections 328/379 IPC and all consequential proceedings upon a compromise between the parties and the complainant, relying on Section 482 Cr.P.C.
FIR No. 130 dated 18.08.2007 under Sections 328/379 IPC and all consequential proceedings are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-16468 of 2009
Date of decision: 13.08.2009
Chand Ram son of Sh. Satpal and others
..... PETITIONERS
VERSUS
State of Haryana and another
..... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. R.S.Mamli, Advocate, for the petitioners.
Mr. Yash Pal Malik, AAG, Haryana.
Mr. K.V.Singh, Advocate, for respondent No. 2.
AUGUSTINE GEORGE MASIH, J. (ORAL)
The present petition is for quashing of FIR No. 130 dated 18.08.2007 registered under Sections 328/379 of the Indian Penal Code, Police Station Chandi Mandir, Panchkula, District Panchkula and all consequential proceedings arising out therefrom on the basis of a compromise, which has been entered into between the petitioners and respondent No. 2-complainant, on whose behest, the present FIR was registered.
Counsel for the petitioners contends that it was primarily a
Crl. Misc. No. M-16468 of 2009
-2-
misunderstanding between the parties, which has led to registration of the present FIR. The misunderstanding having been removed, the parties have entered into a compromise. In acknowledgment thereof, the affidavit of Raj Kumar dated 18.05.2009 has been placed on record as Annexure P-2. He contends that the FIR, therefore, may be quashed.
Upon notice having been issued, respondent No. 2 has put in appearance before this Court and has filed an affidavit in the Court today, wherein the factum of compromise having been entered into between the parties has been accepted by him and it has further been stated that he has no objection if the FIR against the petitioners is quashed. He further states that there is no grudge against the petitioners now.
Sh. Raj Kumar s/o Kamleshwari Manda resident of Village Gangsera is present in Court, as has been identified by his counsel and admitted the factum of compromise and has further stated that the FIR in question, which was recorded on his behest and all consequential proceedings arising therefrom may be quashed in the light of the compromise.
In view of the compromise having been entered into between the parties and the acknowledgment thereof by both the parties, it would be in the interest of justice that the FIR in question and all consequential proceedings arising therefrom are quashed so that peace and harmony between the parties may prevail.
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
Crl. Misc. No. M-16468 of 2009
-3-
non-compoundable offence(s), has held as under:-
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.
Crl. Misc. No. M-16468 of 2009
-4-
Accordingly, the present petition is allowed. FIR No. 130 dated 18.08.2007 registered under Sections 328/379 of the Indian Penal Code, Police Station Chandi Mandir, Panchkula, District Panchkula along with all consequential proceedings are hereby quashed.
( AUGUSTINE GEORGE MASIH ) JUDGE
August 13, 2009 pj
2 issues framed by the court
Whether an FIR registered under non-compoundable offences can be quashed under Section 482 Cr.P.C. upon a compromise between parties.
Whether the inherent powers of the Court extend to quash proceedings in non-compoundable offences to prevent abuse of law and secure ends of justice.
Colour shows how this judgement treated each authority
Kulwinder Singh & Ors. vs. State of Punjab & Anr.Relied on¶26
Kulwinder Singh & Ors. vs. State of Punjab & Anr. 2007 (3) RCR (Criminal) 1052
3 provisions across 2 enactments
Chand Ram son of Sh. Satpal and others
State of Haryana and another
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
