Quashed

Jaskaran Singh @ Jassi and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC17 May 2010CRM-M/35091/2009

Case brief

AI extract

What is this about?

Petitioners filed a petition under Section 482 CrPC to quash an FIR under Sections 326 and 323/34 IPC. The court observed a compromise was reached between parties earlier. Relying on a Full Bench decision, the court held that such FIRs can be quashed upon a valid compromise, ordering the quashing of the FIR.

What did the court decide?

The FIR No. 144 dated 26.9.2009 and subsequent proceedings are ordered to be quashed.

Jaskaran Singh @ Jassi and Ors. Vs State of Punjab… — Quashing and FIR | Punjab & Haryana HC (2010)

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Crl. Misc. No. M-35091 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-35091 of 2009 (O&M) Date of decision: May 17, 2010

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Jaskaran Singh @ Jassi

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...Petitioner

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Versus

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State of Punjab and others . ..Respondents

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CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH

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Present: Mr. Ashok Goel, Advocate, for the petitioners.

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Mr. Raghbir Chaudhary, Sr. DAG, Punjab, for respondent No.1.

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Mr. Ramanjeet Singh, Advocate, for respondent No.2.

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GURDEV SINGH, J.

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Heard.

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This petition has been filed under Section 482 of the Criminal Procedure Code (hereinafter referred to as ' the Code' ) by Jaskaran Singh @ Jassi and Narpinder Singh @ Kaka-petitioners, for quashing of the FIR No. 144 dated 26.9.2009 registered at Police Station City Dhuri, District Sangrur, under Sections 326, 323/34 IPC, on the basis of the compromise Annexure P/2 entered into between them and respondent No.2/complainant, at whose instance that FIR was registered.

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The factum of the compromise was not denied by respondent No.2. No challan was presented before the court and the matter is at the stage of investigation. A report of the Investigating Officer was called if the parties have voluntarily entered into such a compromise and he was to make

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Crl. Misc. No. M-35091 of 2009

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his report, after recording the statements of the parties. The Investigating Officer has submitted his report by means of his affidavit. He has deposed therein that he recorded the statements of the parties and has come to the conclusion that they have voluntarily entered into the compromise dated 5.10.2009.

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The offence under Section 326 IPC is non compoundable under Section 320 of the Code. 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.

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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 17, 2010 (GURDEV SINGH ) prem JUDGE

Jaskaran Singh @ Jassi and Ors. v. State of Punjab and Anr.

Case brief

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Jaskaran Singh @ Jassi and Ors. v. State of Punjab and Anr.

Case brief

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