Petitioners sought quashing of FIRs registered under non-compoundable sections based on a compromise and reconciliation. The Hon'ble Court allowed the prayer.
FIR No.71 dated 07.10.2008, DDR No.36 dated 08.10.2008 and all consequential proceedings arising therefrom are quashed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
1- Criminal Misc.No. M- 1123 of 2010 Date of decision:- 23.3.2010
Avtar Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
2- Criminal Misc.No. M- 1078 of 2010
Gursharan Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. Randeep Singh, Advocate for the petitioners.
Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent No.1-State.
Mr. D.S. Nain, Advocate for respondent No.2.
RAM CHAND GUPTA J.(Oral)
Both the aforementioned petitions filed under Section 482 Cr.P.C. for quashing of FIR No.71 dated 07.10.2008, under Sections 323,324,325,201,148, 149 IPC, registered at Police Station Ghanour, District Patiala (Annexure P-1) alongwith DDR No.36 dated 08.10.2008, under Sections 323, 324,427,201,34 IPC registered at Police Station Ghanour (Annexure P-2) alongwith all consequential proceedings arising therefrom on the basis of compromise (Annexure P-3).
I have heard learned counsel for the parties and have gone through the whole record carefully.
Learned counsel for the parties contended that the parties belong
Criminal Misc.No. M- 1123 of 2010
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to same village and that both the parties sustained injuries and that however the matter has been reconciled due to intervention of respectable persons and relatives from both the sides.
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) RCR (Crl.) 1052.
Hence, in view of these facts and in the interest of harmonious relations between the parties, the present petition is accepted and FIR No.71 dated 07.10.2008, under Sections 323,324,325,201,148, 149 IPC, registered at Police Station Ghanour, District Patiala (Annexure P-1) alongwith DDR No.36 dated 08.10.2008, under Sections 323, 324,427,201,34 IPC registered at Police Station Ghanour (Annexure P-2) alongwith all consequential proceedings arising therefrom are quashed.
The petition is disposed of accordingly.
March 23, 2010 vj
( RAM CHAND GUPTA ) JUDGE
2 issues framed by the court
Whether the FIR and consequential proceedings can be quashed under Section 482 CrPC based on a compromise despite the offences being non-compoundable.
What is the legal effect of a reconciliation between parties for quashing of criminal proceedings?
Avtar Singh and others
Gursharan Singh and others
State of Punjab and another
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
