Single judge order quashing an FIR registered under various IPC sections based on a compromise between the petitioner and the complainant, relying on a Supreme Court ratio allowing quashing of non-compoundable offences via compromise.
FIR No. 274 dated 27.10.2009 and subsequent proceedings are ordered to be 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 –34468 of 2009 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. M –34468 of 2009 (O&M) Date of decision:- 14.5.2010
Amandeep Ghai etc.
... Petitioners
Versus
State of Punjab etc. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH
... Respondents
Present:- Ms. Monika Goyal, Advocate, for the petitioners.
Mr. Raghbir Chaudhary, Sr. DAG, Punjab.
Mr. A.K.Garg, Advocate, for respondent No.2.
Gurdev Singh, J (oral)
The petitioners – Amandeep Ghai, Priyanka Ghai and Anil Kumar Sehgal, have filed this petition under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 274, dated 27.10.2009 registered under Sections 420, 467, 468, 471, 506 and 120 B IPC, at Police Station Division No.5, Civil Line, Ludhiana and the subsequent proceedings on the basis of compromise entered into between them and respondent No.2/complainant.
Mr. Anil Garg, Advocate, accepted notice on behalf of respondent No.2 on the day, notice of motion was issued. No reply was filed by that respondent though the adjournment was obtained by her counsel for that purpose.
Keeping in view the affidavit of respondent No.2, which was filed alongwith petition, and in which she admitted the factum of compromise, investigating officer was directed to submit his report regarding the genuineness of the compromise so put forward by the parties.
Crl. Misc. No. M –34468 of 2009 (O&M)
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The compromise was produced before the investigating officer and he has submitted his reply by way of his affidavit. He has stated therein that he recorded the statements of the parties regarding the compromise, they admitted that such a compromise was entered into between them, vide which they agreed to got the said FIR quashed.
Though some of the offences are not compoundable yet by virtue of the ratio of Kulwinder Singh & Ors VS. State of Punjab, 2007(3)RCR (Crl) 1052 , which is the judgment of Full Bench of this Court, the parties can enter into compromise even regarding those offences which are not compoundable and the FIR can be quashed on the basis thereof.
Keeping in view the compromise between the parties and the nature of the offences the above said FIR and the subsequent proceedings are ordered to be quashed.
The petition is disposed of accordingly.
(Gurdev Singh) Judge
May 14, 2010 tripti
2 issues framed by the court
Whether the FIR filed under non-compoundable offences can be quashed on the basis of a compromise entered into by the parties.
Whether Section 482 of the Code of Criminal Procedure allows quashing of proceedings despite the offences being non-compoundable.
Colour shows how this judgement treated each authority
Kulwinder Singh & Ors vs. State of PunjabRelied on¶21
Kulwinder Singh & Ors VS. State of Punjab, 2007(3)RCR (Crl) 1052
2 provisions across 2 enactments
Amandeep Ghai etc.
State of Punjab etc.
Gurdev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
