Allowed

Kulwinder Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC27 Nov 2009CRM-M/28329/2009

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana quashed FIR No. 80 under sections 366, 384 read with section 34 IPC following a compromise between the parties with family intervention, citing precedent allowing quashing even for non-compoundable offences.

What did the court decide?

FIR No. 80 dated 25.6.2008 under sections 366, 384 read with section 34 IPC and all consequential proceedings are quashed.

Kulwinder Singh and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-28329 of 2009 Date of decision : November 27, 2009

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Kulwinder Singh and another

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....Petitioners

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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 L.N. Mittal

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Present : Mr. KS Sidhu, Advocate, for the petitioners

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Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent no. 1

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Mr Ruminderjit Singh, Advocate for respondent no. 2

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L.N. Mittal, J. (Oral)

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Kulwinder Singh and his wife Manjit Kaur have filed this petition under section 482 of Code of Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 80 dated 25.6.2008, under sections 366, 384 read with section 34 IPC, Police Station Raikot, District Ludhiana (Annexure P/1) in view of compromise (Annexure P/2) said to have been effected with complainant-respondent No. 2 who has also furnished affidavit (Annexure P/3) regarding the compromise.

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Reply affidavit of respondent no. 2 filed today is taken on record. It has been affirmed in the reply affidavit that the parties have amicably settled the dispute with intervention of relatives, friends and respectables of the area and therefore, respondent no. 2 has no objection to the quashing of the FIR. Learned counsel for respondent no. 2, on instructions from respondent no. 2 who is also present in person also makes similar statement.

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Criminal Misc. No. M-28329 of 2009

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-2-

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In appropriate cases, FIR can be quashed on the basis of compromise by exercising power under section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh vs State of Punjab , 2007 (3) Law Herald (Punjab & Haryana) 2225.

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In the instant case, compromise has been got effected between the parties by relatives, friends and respectables of the area. Parties now want to live in peace and harmony. Accordingly, it is a fit case in which FIR should be quashed.

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In view of the aforesaid, the instant petition is allowed and the impugned FIR No. 80 dated 25.6.2008, under sections 366, 384 read with section 34 IPC, Police Station Raikot, District Ludhiana (Annexure P/1) is quashed along with all consequential proceedings arising therefrom.

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( L.N. Mittal ) November 27, 2009 Judge ' dalbir'

Kulwinder Singh and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

Kulwinder Singh and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

What the court decided

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