Petitioner sought quashing of an FIR for cheating under Section 482 Cr.P.C. due to a compromise. The High Court held that power extends beyond matrimonial disputes. Ruling allowed the petition and quashed the FIR.
FIR No.190 dated 1.12.2009 under Sections 406/420 IPC and consequent proceedings are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M- 20250 of 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M- 20250 of 2010 (O&M) Date of Decision : December 9, 2010
Kuldip Kaur
........Petitioner
Versus
State of Punjab and another
........Respondents
CORAM : HON'BLE MRS. JUSTICE SABINA
Present : Mr. N.C. Doabia, Advocate, for the petitioner.
Mr. S.S. Bhinder, Senior Addl. A.G. Punjab with Mr. Amandeep Singh Rai, AAG, Punjab.
Mr. B.S. Jaswal, Advocate, for respondent No.2.
Respondent No.2 in person.
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No.190 dated 1.12.2009, under Sections 406/420 of Indian Penal Code (in short 'IPC'), registered at Police Station City Shaheed Bhagat Singh Nagar, District Shaheed Bhagat Singh Nagar and consequent proceedings arising therefrom on the basis of compromise.
Learned counsel for the petitioner has submitted that now with the intervention of the relatives and friends the parties have arrived at a compromise.
Crl. Misc. No. M- 20250 of 2010 (O&M)
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Respondent No.2, who is present in person along with her counsel, has admitted the factum of compromise between the parties and has stated that she has no objection if the FIR in question is ordered to be quashed. Affidavit of respondent No.2 in this regard has been placed on record.
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.
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 :-
“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
Crl. Misc. No. M- 20250 of 2010 (O&M)
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quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?
Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing the criminal proceedings to continue.
Accordingly, the present petition is allowed. The FIR No.190 dated 1.12.2009, under Sections 406/420 IPC, registered at Police Station City Shaheed Bhagat Singh Nagar, District Shaheed Bhagat Singh Nagar and consequent proceedings, arising therefrom are quashed.
(SABINA) JUDGE
December 9, 2010 Anand
2 issues framed by the court
Whether the FIR and consequent proceedings can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties.
Whether the power to quash criminal proceedings is confined to matrimonial disputes or extends to other cases involving compromise.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of PunjabRelied on¶22
Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052
Nikhil Merchant vs. Central Bureau of Investigation and anotherExplained¶23
Nikhil Merchant vs. Central Bureau of Investigation and another JT 2008 (9) SC 192 · Who else cites this
B.S. JoshiReferred¶28
B.S. Joshi's case
2 provisions across 2 enactments
Kuldip Kaur
State of Punjab
Respondent No.2
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
