Allowed

Nanak Chand and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC13 Feb 2009CRM-M/2354/2009

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana, relying on Full Bench precedent, accepted a petition under Section 482 CrPC seeking quashing of an FIR based on a compromise deed and affirmed the competence to quash criminal proceedings.

What did the court decide?

FIR No. 191 dated 5.7.2008 registered under Sections 406, 420, 506 IPC at Police Station Pehowa and all consequential proceedings arising therefrom are quashed.

Nanak Chand and Ors. Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M 2354 of 2009 Date of decision: 13.2.2009

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Nanak Chand and others

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...Petitioners

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Versus

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State of Haryana and another

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...Respondents

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CORAM: HON'BLE MR.JUSTICE HARBANS LAL

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Present: Mr.Kuldeep Tiwari, Advocate for the petitioners

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Mr.Tarunveer Vashist, Addl.A.G., Haryana

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Mr.Rahul Rathore, Advocate for respondent No.2 Complainant

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Harbans Lal, J.(Oral)

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This petition has been moved by Nanak Chand and others under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.191 dated 5.7.2008 (Annexure P-1), registered under Sections 406, 420, 506 of the Indian Penal Code at Police Station Pehowa and all consequential proceedings arising therefrom, on the ground of compromise (Annexure P-2 ).

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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 dated 21.1.2009 (Annexure P-2) 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.

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CRM No.M 2354 of 2009

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-2-

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Mr.Rahul Rathore, Advocate appearing on behalf of respondent No.2- complainant has also conceded this fact.

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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.191 dated 5.7.2008 (Annexure P-1), registered under Sections 406, 420, 506 of the Indian Penal Code at Police Station Pehowa and all consequential proceedings arising therefrom are hereby quashed.

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February 13, 2009 gsv

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(Harbans Lal) Judge

Nanak Chand and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Nanak Chand and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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