Allowed

Karanbir Singh Alias Karan and Others v. State of Punjab and Another

Punjab & Haryana HC23 Mar 2010CRM-M/6719/2010

Case brief

AI extract

What is this about?

This single judge bench quashed the FIR registered under various IPC sections upon a compromise between the parties. The court relied on the Supreme Court and High Court precedents regarding quashing of non-compoundable offences to prevent abuse of process and secure the ends of justice, emphasizing the complaint holder's absence of objection.

What did the court decide?

FIR No. 143 dated 16.8.2009 and all subsequent proceedings arising therefrom were quashed.

Karanbir Singh Alias Karan and Others Vs State… — Cheating and Forgery | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-6719 of 2010(O&M)

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Date of decision:March 23, 2010

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Karanbir Singh @ Karan 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 MRS. JUSTICE DAYA CHAUDHARY

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Present: Mr. Ashish Aggarwal, Advocate for the petitioners

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Mr. B.S. Sra, Addl. A.G. Punjab for the respondent – Sate

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Mr. Pardeep Rajput, Advocate for respondent No. 2

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DAYA CHAUDHARY, J. (ORAL)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 143 dated 16.8.2009 registered at Police Station “C” Division Amritsar, District Amritsar under Sections 323/324/379/341/148/149 IPC on the basis of compromise (Annexure P-2) between the parties.

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Complainant – Sunil Kumar is present in the Court who has been identified by his counsel and has stated in the Court that he has no objection, if the present FIR is quashed, as the matter has been compromised with the petitioners and now he does not want to pursue the case.

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In view of the statement made by respondent No. 2, no purpose would be served if the case is tried, as per the compromise respondent No. 2 will not support the case of the prosecution and it will merely be a sheer wastage of precious time of this Court.

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Crl. Misc. No. M-6719 of 2010

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It has been observed by Hon'ble the Supreme Court of India in

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Mrs. Shakuntala Sawhney vs. Mr. Kaushalya Sawhney and others, 1980(1) SCC 63 that “the finest hour of justice arrives propitiously when the parties, despite following apart bury the hatchet and weave a sense of fellowship of reunion.”

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Relying on the views adopted by Hon'ble the Supreme Court, the Five Judges Bench of this Court also observed in Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR(Criminal) 1052, that compounding of offence which are not compoundable under Section 320(9) Cr.P.C. but parties entering into compromise, this Court has the power under Section 482 Cr.P.C. to allow compounding of noncompoundable offences and quash the prosecution where the Court felt that the same was required to prevent the abuse of any Court or to otherwise secure the ends of justice. The present one is a case covered by the views observed by Hon'ble the Supreme Court of India in the judgment mentioned above and, is therefore, a fit case to quash the FIR.

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In view of the above, FIR No. 143 dated 16.8.2009 registered at Police Station “C” Division Amritsar, District Amritsar under Sections 323/324/379/341/148/149 IPC and all subsequent proceedings arisen out of the same are quashed.

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Accordingly, the petition stands disposed of.

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(DAYA CHAUDHARY) JUDGE

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23.03.2010

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reena

Karanbir Singh Alias Karan and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Karanbir Singh Alias Karan and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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