The High Court held that as the investigating agency had prepared a cancellation report based on a compromise, quashing the FIR was unnecessary. The police were directed to submit the report for magistrate approval.
Quashing of FIR not ordered as cancellation report was already submitted by police based on compromise.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-19794 of 2009 Date of decision: October 14, 2010.
Ranjit Kaur @ Rani & Ors.
... Petitioner(s)
v.
State of Punjab & Anr.
... Respondent(s)
CORAM:
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: None for the petitioner(s).
Shri Raghbir Chaudhary, Sr. Deputy Advocate General, Punjab.
Kanwaljit Singh Ahluwalia, J. (Oral):
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of case FIR No.170 dated 2.7.2009 registered at Police Station Banga, District Shaheed Bhagat Singh Nagar (Nawanshahr), under Sections 406, 420/34 IPC and subsequent proceedings arising therefrom.
Quashing of the FIR has been sought on the basis of compromise arrived at between the accused and the complainant. In support of the compromise, affidavit of Seetal Ram – respondent-complainant has been annexed as Annexure P-3.
Written statement to the present petition has been filed by Satinder Pal Singh, PPS Deputy Superintendent of Police (Detective), SBS Nagar. In the preliminary submission made, it has been averred as under:-
Crl. Misc. No.19794-M of 2009 -2-
“That in this case, on the basis of compromise entered into between the petitioners and the complainant Seetal Ram, cancellation report was prepared on 14.7.2009, and the same is being submitted in the learned court for approval after exhausting departmental channels. In the face of the said cancellation report, the present petition has been rendered as infructuous and thus, is liable to dismissed on this short ground.”
Since, in the present case, the investigating agency itself has taken into consideration the compromise, and came to the conclusion that cancellation report is to be submitted, quashing of FIR is not called for. However, the investigating agency is directed to submit the cancellation report within one month from the date of receipt of a certified copy of this order in the court of concerned Illaqa Magistrate who shall take a decision thereupon within a period of two months thereafter.
Disposed of.
October 14, 2010. kadyan
[ Kanwaljit Singh Ahluwalia ] Judge
1 issue framed by the court
Whether the petition for quashing of FIR is liable to be dismissed as the investigation agency has submitted a cancellation report based on compromise.
1 provisions across 1 enactments
Ranjit Kaur @ Rani & Ors.
State of Punjab & Anr.
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
