The High Court of Punjab and Haryana dismissed a petition under Section 482 Cr.P.C. for quashing an FIR. The court found the matter devoid of merit as the existence of a compromise was denied by the respondent.
None granted; petition dismissed for lack of merit due to denial of compromise.
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.
Criminal Misc. No. M-16024 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-16024 of 2010 Date of decision : 18.08.2011
Narinder Singh @ Gandhi
....Petitioner
V/s
State of Punjab and others
....Respondents
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. M.S. Dhami, Advocate for Mr. HNS Gill, Advocate for the petitioner.
Mr. Rajesh Bhardwaj, Addl. Advocate General, Punjab.
Mr. S.S. Siao, Advocate for respondent No. 5.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 145 dated 14.08.2009 registered against the petitioner under Sections 406/420 IPC at police station Samrala, District Ludhiana on the basis of compromise dated 15.03.2010 (Annexures P-2 to P-7).
Mr. S.S. Siao, Advocate has put in appearance on behalf of respondents No. 5. He at the outset submits that there is no compromise between the parties and thus proceedings before the trial court may be allowed to continue.
Heard.
The present petition was entertained as a statement was made before this court that compromise has been arrived at between the parties. In support thereof, affidavits Annexures P-2 to P-7 were furnished. While
Criminal Misc. No. M-16024 of 2010
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issuing notice of motion this court took note of said affidavits. However, learned counsel appearing for respondent No. 5 has denied the factum of compromise.
In view of above, no interference is called for in inherent jurisdiction of this court. The petition is devoid of merit and is hereby dismissed.
August 18, 2011 Ajay
(RAJAN GUPTA) JUDGE
1 issue framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. warrants quashing of an FIR based on a disputed compromise.
1 provisions across 1 enactments
Narinder Singh @ Gandhi
State of Punjab and others
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
