Quashed

Gulshan Kumar v. State of Punjab & or.

Punjab & Haryana HC15 Feb 2011CRM-M/38038/2010

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous petition, the High Court of Punjab and Haryana exercised its power under Section 482 Cr.P.C. to quash an FIR based on a verified compromise between the petitioner and the accused, referencing prior precedent allowing quashing even for non-compoundable offences.

What did the court decide?

The FIR No. 88 dated 22.5.2010 and all consequential proceedings arising therefrom were quashed qua the petitioner.

Gulshan Kumar Vs State of Punjab & or. — Quashing and FIR | Punjab & Haryana HC (2011)

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Criminal Misc. No. M- 38038 of 2010

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M- 38038 of 2010 Date of decision:- 15.2.2011

Gulshan Kumar

...Petitioner

Versus

State of Punjab and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. G.C. Rattan, Advocate for the petitioner.

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Mr. Guninder S. Brar, AAG Punjab for respondent No.1-State.

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Mr. D.S. Sidhu, Advocate for respondent Nos.2 to 4.

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RITU BAHRI J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing the FIR No. 88 dated 22.5.2010 under Sections 419,420,467,468,471 and 120-B IPC, registered at Police Station Division No.7, Jalandhar (Annexure P- 1) on the basis of compromise (Annexure P-2).

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Respondent Nos.2 to 4 appeared through counsel and filed their affidavits admitting the factum of compromise and stating that due to intervention of respectable and relatives, the matter has been compromised with the petitioner and now they are having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioner. As per compromise (Annexure P-2), both the parties have settled the dispute amicably as per the conditions recorded in the compromise. Counsel for the respondent does not dispute the genuineness of the compromise (Annexure P-2) annexed

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Criminal Misc. No. M- 38038 of 2010

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with the petition.

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In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of

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Kulwinder Singh vs. State of Punjab, 2007(3) RCR (Crl.) 1052 .

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Hence, in view of affidavits of respondent Nos.2 to 4 namely Rattan Singh, Vijay Kumar and Arun Kumar dated 18.12.2010 and in the interest of harmonious relations between the parties, the present petition is accepted and FIR No. 88 dated 22.5.2010 under Sections 419,420,467,468,471 and 120-B IPC, registered at Police Station Division No.7, Jalandhar alongwith all consequential proceedings arising therefrom, is quashed qua petitioner.

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The petition is disposed of accordingly.

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February 15, 2011 ( RITU BAHRI ) Vijay Asija JUDGE

Gulshan Kumar v. State of Punjab & or.

Case brief

What is this about?

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Gulshan Kumar v. State of Punjab & or.

Case brief

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