Quashed

Daulat Ram and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC26 May 2011CRM-M/12742/2011

Case brief

AI extract

What is this about?

Holding that even for non-compoundable offences arising from a family dispute, the High Court may quash the FIR and proceedings to restore peace, following the principle in Kulwinder Singh, where a compromise was recorded with a deed.

What did the court decide?

F.I. No. 116 dated 11.06.2004 and subsequent proceedings are quashed qua petitioners named in the compromise.

Daulat Ram and Ors. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Criminal Misc. No.M-12742 of 2011 Date of Decision:-26.05.2011

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Daulat Ram and others

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Petitioners

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Versus

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State of Punjab & another ....Respondents

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CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH.

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Present:Mr. Gurmeet Singh, Advocate, for Mr. Kewal Singh, Advocate, for the petitioners

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Mr. Sudhir Nehra, Addl. A.G. Punjab.

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Mr. Sachin Jain, Advocate, for respondent No.2.

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NAWAB SINGH J.(ORAL)

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By this petition under Section 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short 'FIR) No.116 dated June 11^th , 2004 (Annexure P-1), registered under Sections 148, 323, 324 and 326 read with Section 149 Indian Penal Code (for short 'IPC'), Police Station Shahkot, Jalandhar on the basis of compromise (Annexure P/2) entered into between the parties.

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Learned counsel for the petitioners submits that it was a family dispute between uncle and nephew. The parties have compromised the matter with the intervention of respectables. Compromise-deed (Annexure P-2) has been placed on record. There is no ill-will left and they want to live in peace and harmony in future and respondent No.2 has no objection if the aforesaid FIR and all subsequent proceedings arising therefrom are quashed.

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The offences, for which the petitioners are facing trial, are non-compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench's decision of this Court

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Criminal Misc. No.M-12742 of 2011

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-2-

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rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052. Law has been made for the human beings and not the vice-versa. The paramount object is to keep order so that the society can breath easily and peace prevails. If the FIR and consequent proceedings thereunder in this case are quashed, it will not only benefit both the parties but also the system of the society at large. The parties will be able to co-exist peacefully in the future putting the end to the dispute for all times to come.

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In upshot, for the reasons recorded supra, the petition is accepted, FIR No. 116 dated June 11^th , 2004 (Annexure P- 1), registered under Sections 148, 323, 324 and 326 read with Section 149 IPC, Police Station Shahkot, Jalandhar and subsequent proceedings arising therefrom, are hereby quashed qua petitioners – Daulat Ram, Lehmber Singh, Smt. Daro, Smt. Rajwinder Kaur, Paramjit Kaur alias Pammi, Balwinder Kaur and Baljit Kaur only.

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(NAWAB SINGH) JUDGE

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26.05.2011 som

Daulat Ram and Ors. v. State of Punjab and Anr.

Case brief

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Daulat Ram and Ors. v. State of Punjab and Anr.

Case brief

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