This court quashed an FIR and subsequent proceedings registered under IPC Sections 406/420 in a personal dispute. The court relied on a reported decision and noted that the complainant consented to the settlement and did not wish to pursue the case.
FIR No.37 dated 13.02.2010 and all subsequent proceedings arising therefrom were 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.
CRM NO. M-25487 OF 2010 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-25487 OF 2010 (O&M) DECIDED ON : 29.11.2011
Iqbal Singh
...Petitioner
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. Gurcharan Singh, Advocate, for the petitioner.
Ms. Simsi Dhir Malhotra, AAG, Punjab.
Mr. Navjeet Singh, Advocate, for respondent No.2.
K. C. PURI, J. (ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.37 dated 13.02.2010 under Sections 406/420 of the Indian Penal Code registered at Police Station Sidhwan Bet, District Ludhiana (Annexure P-1), on the basis of compromise(Annexure P-2), along with all subsequent proceedings arising from that FIR.
Report of the trial Court has been received along with statement made by Avtaar Singh-complainant and Iqbal Singh-
CRM NO. M-25487 OF 2010 (O&M)
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present petitioner. In the statement made before the trial Court by Avtar Singh, he has stated as under :-
“ I have lodged the FIR against the accused Iqbal Singh etc. I have compromised the matter with the accused. Now I agree with the petition which was filed by accused person before Hon'ble High Court and this case is adjourned to 29/11/11. I do not want to pursue with the above said FIR. I made the statement without any pressure and with my free consent.”
In the statement made by Iqbal Singh, it is mentioned
that the matter has been compromised. Avtar Singh-respondent No.2 (complainant) is present in Court and has been identified by his counsel by Shri Navjeet Singh, Advocate. He has stated at the bar that the he has compromised the matter. The matter involved is personal in nature which has been amicably settled.
So, in view of the above circumstances and in view of
authority reported as, “ Kulwinder Singh and others vs. State of Punjab and others” 2007 (3) RCR (Criminal) 1052, the above said FIR stands quashed. Further proceedings in pursuant to that FIR also stands quashed.
Disposed of.
(K. C. PURI) JUDGE
NOVEMBER 29, 2011 shalini
2 issues framed by the court
Whether an FIR involving a personal dispute compromising matter can be quashed under Section 482 CrPC upon settlement.
Whether the subsequent proceedings arising from the quashed FIR should also be quashed.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersFollowed¶24
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
1 provisions across 1 enactments
Iqbal Singh
State of Punjab
Avtaar Singh
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
