Petitioner sought quashing of FIR under Section 482 CrPC based on a compromise regarding non-compoundable offences. The Court relied on Section 482 CrPC and prior precedent to allow quashing.
FIR No. 52 dated May 7, 2009 registered under Sections 294, 420, 467, 468 and 506 read with Section 120-B IPC and subsequent proceedings 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-13991 of 2011 (O&M) Date of Decision: 24.05.2011
Deepak
...Petitioner
Versus
State of Punjab & another - ....Respondents
CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH
Present:Petitioner in person with Mr. Navjeet Singh Malmajra, Advocate. Mr. Kirat Singh Sidhu, DAG, Punjab, for the respondent-State.
Nishant Gupta, respondent No.2 in person with Mr. Mandhir S. Virk, Advocate.
NAWAB SINGH J.(ORAL)
By this petition under Section 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short 'FIR) No. 52 dated May 7th , 2009 (Annexure P-1), registered under Sections 294, 420, 467, 468 and 506 read with Section 120-B of Indian Penal Code (for short 'IPC'), Police Station Division No. 8, Ludhiana on the basis of compromise (Annexure P/2) entered into between the parties.
Criminal Misc. No. M-13991 of 2011
-2-
(NAWAB SINGH) JUDGE
24.05.2011 som
2 issues framed by the court
Whether FIR registered for non-compoundable offences can be quashed in view of a compromise between parties.
Whether compromise is permissible notwithstanding the non-compoundable nature of the offences.
Colour shows how this judgement treated each authority
Kulwinder Singh & others Vs. State of Punjab and anotherRelied on¶15
Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Deepak
State of Punjab
Nishant Gupta
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
