Allowed

Simrat Kaur and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC18 May 2010CRM-M/2428/2010

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AI extract

What is this about?

Petitioners sought quashing of an FIR under SC/ST (POA) Act citing an after-dated compromise. The court relied on Kulwinder Singh to hold that voluntary compromise in non-compoundable atrocity cases justifies quashing to avoid futile proceedings and conserve judicial time.

What did the court decide?

FIR No. 59 dated 2.10.2009 registered at Police Station SGN Dev. Thermal under Sections 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and subsequent pro

Simrat Kaur and Anr. Vs State of Punjab and Anr. — Caste Atrocities | Punjab & Haryana HC (2010)

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Crl. Misc. No. M-2428 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-2428 of 2010 (O&M) Date of decision: May 18, 2010

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Simrat Kaur and another

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...Petitioners

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Versus

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State of Punjab and another

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...Respondents

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CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

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Present: Mr. DK Singla, Advocate, for Mr. Inderjit Sharma, Advocate, for the petitioners.

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Mr. AS Brar, Sr. DAG, Punjab, for respondent No.1.

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Mr. Ashish Grover, Advocate, for respondent No.2.

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GURDEV SINGH, J.

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Heard.

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Petitioners-Simrat Kaur and Gurjant Singh, have filed this petition under Section 482 of the Criminal Procedure Code for quashing of FIR No. 59 dated 2.10.2009 registered at Police Station SGN Dev. Thermal, under Sections 3 (1) (X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the ground that the matter has been amicably settled and has been got resolved through compromise dated 14.1.2010. Report of the trial court was called, if the parties have voluntarily entered into the compromise and that report was to be made after recording the statements of the parties.

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The report of the trial court has been received. It has been

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Crl. Misc. No. M-2428 of 2010

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recorded therein that the parties have voluntarily entered into the compromise. Though the above said offence is not compoundable, however, it was held by the Full Bench of this Court in Kulwinder Singh and others versus State of Punjab and another 2007 (3) RCR (Cr.) 1052, that the parties can enter into compromise even in respect of the offences which are not compoundable and the FIR can be quashed on the basis thereof. After the parties have entered into the compromise, there is no question of the complainant/injured supporting the prosecution case in the court. Therefore, continuance of the proceedings before the trial court would be a futile exercise and will only result in wastage of the court time. Therefore, in view of the compromise, so entered between the parties, the FIR and the subsequent proceedings are ordered to be quashed.

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May 18, 2010 (GURDEV SINGH ) prem JUDGE

Simrat Kaur and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Simrat Kaur and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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