Allowed

Sukhwant Singh v. State of Punjab and Ors.

Punjab & Haryana HC8 Nov 2010CRM-M/18641/2010

Case brief

AI extract

What is this about?

The High Court allowed the petition to quash an FIR under Section 482 Cr.P.C. relying on a valid compromise between the petitioner and the complainant, citing the need to secure ends of justice and prevent abuse of law in disputes with personal elements.

What did the court decide?

FIR No.174 dated 22.8.2005 under Sections 452/427/506 IPC and all subsequent proceedings are quashed.

Sukhwant Singh Vs State of Punjab and Ors. — Criminal Trial and Appeal | Punjab & Haryana HC (2010)

¶1

Crl.M.No.18641-M of 2010

¶2

#1#

¶3

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Crl.M.No.18641-M of 2010 Date of Order: 8.11.2010

Sukhwant Singh

.....Petitioner

Vs.

State of Punjab and another

¶9

.....Respondent

¶10

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

¶11

Present: Mr. J.S. Thind, Advocate for the petitioners.

¶12

Mr. Gaurav Garg Dhuriwala, AAG, Punjab.

¶13

JASWANT SINGH, J (ORAL)

¶14

Present petition under section 482 Cr.PC is for quashing of FIR No.174 dated 22.8.2005 under Sections 452/427/506 IPC, P.S Majitha and the subsequent proceedings on the basis of compromise dated 28.5.2010 (Annexure P-3) arrived at between the parties.

¶15

As per allegations in the FIR, petitioner along with coaccused armed with hockey and dang respectively entered the house of respondent No.2-complainant and threatened to kill respondent No.2 for opposing the petitioner to encroach upon some land of the panchayat.

¶16

Vide order dated 17.9.2010, this Court directed the learned trial Court to send report with regard to compromise in pursuance of which, a report/letter dated 3.11.2010 has been received from the the ld. JMIC, Amritsar, which is taken on record as Mark-A. It is stated in the report that the complainant has arrived at a compromise with the

¶17

Crl.M.No.18641-M of 2010

¶18

#2#

¶19

accused-petitioner and he has no objection if the aforesaid FIR is quashed on the basis of compromise.

¶20

Learned state counsel, on instructions from ASI Sukhdev Singh, states that challan was presented on 21.1.2006 and only one witness has been examined. He states that he is unable to raise any serious objection to the quashing of the FIR on the basis of the compromise since the complainant is not willing to support the prosecution case.

¶21

A Full Bench of this Court in Kulwinder Singh and others v. State of Punjab and another , 2007(3) RCR (Criminal) 1052 has held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extracts read as under:-

¶22

“The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.”

¶23

Similar views were expressed by Hon'ble the Apex Court in

¶24

Madan Mohan Abot v. State of Punjab 2008(4) SCC 582, the relevant extract of which is as under:-

¶25

Crl.M.No.18641-M of 2010 #3#

¶26

“We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

¶27

Keeping i n view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice.

¶28

Accordingly, the present petition is allowed and FIR No.174 dated 22.8.2005 under Sections 452/427/506 IPC, P.S Majitha and all subsequent proceedings arising therefrom, are quashed.

¶29

November 08, 2010 ( JASWANT SINGH ) manoj JUDGE

Sukhwant Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Sukhwant Singh v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Northern Regional Committee Nation Council Vs Rksd College of Education,Ambala Road Kaithal

Harbhajan Singh @ Midha @ Chhinda & Another Vs State of Punjab & Others

Rajinder Singh & Ors. Vs State of Punjab & Anr.

Harvinder Singh Vs Avtar Singh

Sunita & Anor. Vs Pyare Lal & Ors.

Jeet Singh & Ors. Lrs of Kaka Singh Vs Maya