Allowed

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

Punjab & Haryana HC2 Nov 2010CRM-M/26625/2010

Case brief

AI extract

What is this about?

The Court allowed a petition for quashing an FIR under Section 482 Cr.P.C. Relying on established precedents, it observed that in disputes of a personal nature, a bona fide compromise justifies quashing proceedings even for non-compoundable offences to secure ends of justice.

What did the court decide?

FIR No.11 dated 9.1.2008 and all subsequent proceedings arising therefrom are quashed.

Rajinder Singh & Ors. Vs State of Punjab & Anr. — Quashing and FIR | Punjab & Haryana HC (2010)

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Crl.M.No.26625-M of 2010

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

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HARYANA AT CHANDIGARH

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Crl.M.No.26625-M of 2010

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Date of Order: 2.11.2010

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Rajinder Singh and others

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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 JASWANT SINGH

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Present: Mr. Ritesh Pandey, Advocate for the petitioners.

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Mr. Gaurav Garg Dhuriwala, AAG, Punjab.

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JASWANT SINGH, J (ORAL)

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Prayer under Section 482 Cr.P.C is for quashing of FIR No.11 dated 9.1.2008 under Sections 452/326/324/148/149 IPC, P.S Dina Nagar, District Gurdaspur on the basis of compromise (P.2).

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As per allegations in the FIR, petitioners while entering the house of the complainant-respondent No.2 gave grievous injuries with gandasi and dang blow respectively on the complainant-respondent No.2 for not paying tax for trolleys by his brother.

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Vide order dated 10.9.2010, this Court directed the learned trial Court to send report with regard to compromise in pursuance of which, a report/letter dated 30.10.2010 has been received from the learned JMIC, Gurdaspur, which is taken on record as Mark-A. It is stated in the report that the complainant has arrived at a compromise with the accusedpetitioners and he has no objection if the aforesaid FIR is quashed on the

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Crl.M.No.26625-M of 2010

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basis of compromise.

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Learned state counsel 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.

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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 relvant extracts read as under:

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“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 noncompoundable 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.”

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

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

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“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 utilized in deciding more effective meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

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Keeping in view the above settled legal position and taking into

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account the fact that both the parties have desired to live in peace and

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Crl.M.No.26625-M of 2010

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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.

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Accordingly, the present petition is allowed and FIR No.11 dated 9.1.2008 under Sections 452/326/324/148/149 IPC, P.S Dina Nagar, District Gurdaspur and all subsequent proceedings arising therefrom, are quashed.

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November 02, 2010 Manoj

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( JASWANT SINGH ) JUDGE

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

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

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