The high court quashed the FIR and subsequent proceedings under Section 482 Cr.P.C. based on a mutual compromise between the petitioners and the accused and the State's consent to allow quashing.
The FIR No. 54 dated 28.06.2003 and all subsequent proceedings arising therefrom are quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc No. M-3011 of 2009 Date of decision : 04.05.2009
Harbans Singh and another
....Petitioners
V/s
State of Punjab and another
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. ADS Jatana, Advocate for the petitioners.
Mr. Shailesh Gupta, DAG Punjab.
Mr. ABS Sidhu, Advocate for respondent No. 2.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 54 dated 28.06.2003 registered under Sections 324/34 IPC at Police Station Nahian Wala, District Bathinda and all subsequent proceedings arising therefrom on the basis of compromise.
Counsel for the petitioners as well as respondent No. 2 have pointed out that both the parties are present in Court today. They have been duly identified by their respective counsel. An affidavit has been filed on behalf of respondent No. 2 in which it has been stated that petitioners and respondent No. 2 have compromised the matter. Respondent No. 2 has further stated that he has no interest in pursuing the FIR in question and thus, the same be quashed on the basis of compromise. The said affidavit is taken on record as mark 'A'.
Crl. Misc No. M-3011 of 2009
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Learned counsel for the State, on instructions from head Constable Iqbal Singh, who is present in court submits that in case there is compromise arrived at between the parties, the State will not stand in the way of quashing of the FIR in question.
The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served with continuance of the criminal proceedings.
In view of the above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in the light of the decision of Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR(Crl.), 1052.
Resultantly the present petition is allowed, the FIR in question and the subsequent proceedings arising therefrom are quashed.
04.05.2009 Ajay
(RAJAN GUPTA) JUDGE
2 issues framed by the court
Whether the FIR and subsequent proceedings should be quashed on the basis of a compromise between the parties.
Whether the State will object to the quashing of the FIR if a compromise has been arrived at between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of PunjabRelied on¶19
Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR(Crl.), 1052
2 provisions across 2 enactments
Harbans Singh and another
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
