The petitioner filed a writ petition under Section 482 CrPC seeking quashing of an FIR registered under specific IPC sections on the ground of a compromise between parties, citing a Full Bench judgment.
FIR No.126 dated 21.6.2008 registered under Sections 147, 148, 149, 323, 336, 506 of IPC is 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
CRM No. M 1692 of 2009 Date of decision: 5.2.2009
Pannu @ Gurtej Pannu
...Petitioner
Versus
State of U.T., Chandigarh and another
...Respondents
CORAM: HON'BLE MR.JUSTICE HARBANS LAL
Present: Mr.Karan Vir Nanda, Advocate for the petitioner
Mr.Preetpal, Advocate for U.T., Chandigarh Mr.Deepak Sharma, Advocate for respondent No.2- complainant
Harbans Lal, J.(Oral)
This petition has been moved by Pannu @ Gurtej Pannu petitioner under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.126 dated 21.6.2008, (Annexure P-1) registered under Sections 147, 148, 149, 323, 336, 506 of the Indian Penal Code at Police Station Sector-3, Chandigarh 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 by way of affidavit dated 24.7.2008 (Annexure P2) has been executed between the parties wherein the complainant party has stated that he has no objection if the FIR in question is quashed as the matter has been compromised.
CRM No. M 1692 of 2009 -2-
Mr.Deepak 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.126 dated 21.6.2008, (Annexure P-1) registered under Sections 147, 148, 149, 323, 336, 506 of the Indian Penal Code at Police Station Sector-3, Chandigarh and all consequential proceedings arising therefrom are hereby quashed.
February 5, 2009 (Harbans Lal) gsv Judge
2 issues framed by the court
Whether the High Court is competent to quash criminal proceedings on the basis of a compromise between parties.
Whether FIR No.126 registered under specific sections of IPC should be quashed in light of the compromise.
Colour shows how this judgement treated each authority
Kulwinder Singh and others versus State of Punjab and anotherRelied on¶17
Kulwinder Singh and others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052
2 provisions across 2 enactments
Pannu @ Gurtej Pannu
State of U.T., Chandigarh
Another
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
