This single-judge oral order quashed an FIR registered for cheating and forgery offences based on a post-crime compromise. The court held that the dispute was amicably settled and accepted the plea to quash proceedings.
FIR No.244 dated 02.09.2006 and all consequential proceedings arising therefrom 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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.No. M- 35902 of 2009 Date of decision:- 22.3.2010
Shiv Charan and another
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:Mr. M.S. Sidhu, Advocate for the petitioners.
Mr. Gaurav Garg Dhuriwala, AAG Punjab for respondent No.1-State.
Mr. Sandeep S. Majithia, Advocate for respondent No.2.
RAM CHAND GUPTA J.(Oral)
The present petition filed under Section 482 Cr.P.C. is for quashing of FIR No.244 dated 02.09.2006, under Sections 420, 467, 468, 471, 474 and 120-B IPC, registered at Police Station Division No.5, Ludhiana (Annexure P-1) on the basis of compromise (Annexure P-2).
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been contended by learned counsel for the parties that the dispute between the parties has been amicably settled due to intervention of respectable persons. Respondent No.2-complainant also appeared through counsel and filed his short reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings are quashed.
In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of
Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052 .
Hence, in view of these facts, the present petition is accepted and
Criminal Misc.No. M- 35902 of 2009
-2-
FIR No.244 dated 02.09.2006, under Sections 420, 467, 468, 471, 474 and 120B IPC, registered at Police Station Division No.5, Ludhiana alongwith all consequential proceedings arising therefrom, is quashed.
The petition is disposed of.
March 22, 2010 ( RAM CHAND GUPTA ) vj JUDGE
1 issue framed by the court
Whether the FIR and consequential proceedings can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh vs. State of PunjabReferred¶16
Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052
1 provisions across 1 enactments
Shiv Charan
State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
