Allowed

Amarjit Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC15 Jul 2010CRM-M/10589/2010

Case brief

AI extract

What is this about?

The court allowed a petition under Section 482 CrPC to quash an FIR under IPC Sections 323, 148, and 149. Relying on the existence of a genuine compromise between parties and citing precedents, the court held that continuing proceedings would serve no useful purpose and constituted an abuse of process.

What did the court decide?

FIR No. 46 dated 16.7.2000 and subsequent proceedings under Sections 323, 148, 149 IPC were quashed.

Amarjit Singh and Ors. Vs State of Punjab and… — Cheating and Forgery | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Crl. Misc. No. M-10589 of 2010 (O&M) Date of Decision:July 15, 2010

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Amarjit Singh and others

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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 Mrs. Justice Sabina

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Present: Mr.Vishal Gupta,Advocate for the petitioners

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Mr.Amandeep Singh Rai,Assistant Advocate General,Punjab Mr.R.S.Rana,Advocate for respondent No.2

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Sabina, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 46 dated 16.7.2000 under Sections 323, 148,149 of the Indian Penal Code (`IPC' for short) registered at Police Station Amloh, District Fatehgarh Sahib (Annexure P1) and subsequent proceedings thereto on the basis of compromise/affidavit dated 20.3.2010 (Annexure P2).

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Learned counsel for the petitioners has submitted that it is a case of version and cross-version. Learned counsel for the petitioners has further submitted that now, parties with the intervention of relatives and friends, have arrived at a compromise.

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Crl. Misc. No. M-10589 of 2010 (O&M) -2-

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Respondent No.2-Kulwant Kaur and injured Major Singh, Jaspal Singh and Paramjit Singh,who are present in Court along with their counsel, have admitted the factum of compromise between the parties. They have also tendered their affidavits,as per which,they have no objection if the FIR in question is quashed.

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As per the Full Bench judgment of this Court in Kulwinder

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Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

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Hon'ble the Apex Court in the case of Nikhil Merchant vs. Central Bureau of Investigation and another JT 2008 (9) SC 192 in para Nos. 23 and 24 has held as under:-

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“23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil

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Crl. Misc. No. M-10589 of 2010 (O&M) -3-

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dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?

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24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this

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Court in B.S.Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where

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technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile

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exercise.”

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Since the parties have arrived at a compromise in order to

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live in peace, no useful purpose would be served by proceeding further with the criminal proceedings.

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Accordingly, this petition is allowed. FIR No. 46 dated 16.7.2000 under Sections 323,148,149 IPC registered at Police Station Amloh District Fategarh Sahib as well as the subsequent proceedings arising therefrom,are quashed .

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( Sabina ) Judge

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July 15, 2009

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arya

Amarjit Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Amarjit Singh and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

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