Court quashed FIR and proceedings under Section 482 CrPC after the complainant stated she had amicably compromised with petitioners, deeming further prosecution unnecessary for peace.
FIR No. 60 dated 27.09.2003 and all subsequent proceedings under Sections 465, 468, 471 IPC 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
Criminal Misc.No.M-19865 of 2008 (O&M) Date of Decision 18.05.2009
Mohinder Singh and another
......Petitioners
VERSUS
State of Punjab and another
......Respondents
CORAM:-HON'BLE MR. JUSTICE PRITAM PAL
Present: Mr.Gurcharan Dass, Advocate, for the petitioners.
Mr.K.D.Sachdeva, D.A.G., Punjab, for the respondent-State.
Mr.S.K.Bawa, Advocate, for respondent No.2-complainant.
PRITAM PAL, J(ORAL):
Petitioners have brought this petition under Section 482 of the Code of Criminal Procedure for quashing of F.I.R.No.60 dated 27.09.2003 under Sections 465, 468, 471 I.P.C., registered at Police Station Longowal, District Sangrur, and all subsequent proceedings arising therefrom.
Without going into any further details, suffice it to say that the aforesaid case was registered at the instance of Jitto @ Surjit Kaur respondent No.2-complainant, who is present in the Court today and identified by her counsel Sh.S.K.Bawa, Advocate. On the asking of the Court, respondent No.2-complainant states that she has already arrived at compromise with the petitioners amicably with the intervention of the respectable and common relations. In this regard, compromise deed Annexure P-5, is also placed on the file.
Criminal Misc.No.M-19865 of 2008 (O&M) -2-
In the given facts and circumstances, this Court feels that no useful purpose would be served if the proceedings in the case in hand are allowed to continue. Moreover, it would also be in the interest of peace and harmony between the parties to close the chapter of this case.
In the result, this petition succeeds and consequently F.I.R.No.60 dated 27.09.2003 under Sections 465, 468, 471 I.P.C., registered at Police Station Longowal, District Sangrur, and all subsequent proceedings arising therefrom, are hereby ordered to be quashed, qua the petitioners.
May 18, 2009 mamta-II
(PRITAM PAL) JUDGE
1 issue framed by the court
Whether special leave to quash the FIR and subsequent proceedings under Section 482 CrPC should be granted in light of the settled dispute and compromise between the parties.
1 provisions across 1 enactments
Mohinder Singh and another
State of Punjab
Jitto @ Surjit Kaur
PRITAM PAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
