Allowed

Baljinder Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC17 Aug 2010CRM-M/15063/2010

Case brief

AI extract

What is this about?

This judgment quashes a criminal proceeding for an offence under the IPC upon the admission of compromise between the petitioners and the state. The court relied on the inherent powers under Section 482 Cr.P.C. to prevent abuse of the process of the court. It cited the Full Bench judgment of Kulwinder Singh and the Supreme Court decision in Nikhil Merchant, affirming that the power extends beyond

What did the court decide?

The FIR No. 11 dated 31.1.2008 and consequent proceedings arising therefrom under Sections 326, 325, 324, 323, 34 of IPC were quashed.

Baljinder Singh and Anr. Vs State of… — Civil Procedure and Limitation | Punjab & Haryana HC (2010)

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Crl. Misc. No. M- 15063 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 15063 of 2010 (O&M) Date of Decision: August 17, 2010

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Baljinder Singh & another

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........Petitioners

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Versus

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State of Punjab & another

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........Respondents

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CORAM : HON'BLE MRS. JUSTICE SABINA

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Present: Mr. MJS Bedi, Advocate, for the petitioners.

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Mr. Amandeep Singh Rai, AAG, Punjab.

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Mr. B.P. Singh, Advocate, for respondent No.2.

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Respondent No.2 in person.

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SABINA, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the FIR No.11 dated 31.1.2008, under Sections 326,325,324,323,34 of Indian Penal Code (in short 'IPC'), Police Station Ghagga, District- Patiala and consequent proceedings arising therefrom on the basis of compromise.

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Learned counsel for the petitioners has submitted that the parties have arrived at a compromise with the intervention of the relatives and friends.

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Respondent No.2, who is present in person in the Court along with his counsel, has admitted the factum of compromise between the

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Crl. Misc. No. M- 15063 of 2010 (O&M)

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parties. He has also tendered his reply by way of an affidavit as per which he has no objection if the FIR in question is ordered to be quashed.

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As per the Full Bench judgment of this Court in Kulwinder 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.26 and 24 has held as under :-

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“26. 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 dispute with certain criminal facts. 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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On an overall view of the facts as indicated hereinabove

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Crl. Misc. No. M- 15063 of 2010 (O&M)

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and keeping in mind the decision of the 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 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 exercise.”

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Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing these criminal proceedings to continue.

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Accordingly, the present petition is allowed. The FIR No.11 dated 31.1.2008, under Sections 326,325,324,323,34 of IPC, Police Station Ghagga, District- Patiala and consequent proceedings, arising therefrom, are quashed.

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August 17, 2010 Anand

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(SABINA) JUDGE

Baljinder Singh and Anr. v. State of Punjab and Anr.

Case brief

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Baljinder Singh and Anr. v. State of Punjab and Anr.

Case brief

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