Quashed

Baljit Singh and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC15 Feb 2011CRM-M/4182/2011

Case brief

AI extract

What is this about?

ThisCourt quashed an FIR registered under specific IPC sections based on a genuine compromise between the private parties, relying on the Full Bench decision in Kulwinder Singh to authorize quashing even for non-compoundable offences.

What did the court decide?

FIR No. 6 dated 17.1.2011 registered at Police Station Naggal, District Ambala under Sections 148, 149, 323, 452 and 506 IPC alongwith all consequential proceedings arising therefrom, is quashed qua p

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

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Criminal Misc. No. M- 4182 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M- 4182 of 2011 Date of decision:- 15.2.2011

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Baljit Singh and others

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...Petitioners

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Versus

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State of Haryana and another

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present:Mr. Lalit K. Gupta, Advocate for the petitioners.

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Mr. P.S. Virk, DAG Haryana for respondent No.1-State.

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Mr. Dilbag Singh Begha, Advocate for respondent No.2.

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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. 6 dated 17.1.2011 under Sections 148,149,323,452 and 506 IPC, registered at Police Station Naggal, District Ambala (Annexure P-1) on the basis of compromise (Annexure P-2).

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Respondent No.2-Labh Singh appeared through counsel and filed his short affidavit 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 he is having no objection if the FIR in question with consequential proceedings arising therefrom, is quashed qua petitioners. 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 with the petition.

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Criminal Misc. No. M- 4182 of 2011

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Learned counsel for the State on instructions from ASI Pardeep Kumar, who has identified the complainant, has stated that the matter has been compromised in this case.

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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 affidavit of respondent No.2-Labh Singh dated 15.2.2011 and in the interest of harmonious relations between the parties, the present petition is accepted and FIR No. 6 dated 17.1.2011 under Sections 148,149,323,452 and 506 IPC, registered at Police Station Naggal, District Ambala alongwith all consequential proceedings arising therefrom, is quashed qua petitioners.

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The petition is disposed of accordingly.

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February 15, 2011 Vijay Asija

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( RITU BAHRI ) JUDGE

Baljit Singh and Ors. v. State of Haryana and Anr.

Case brief

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Baljit Singh and Ors. v. State of Haryana and Anr.

Case brief

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What did the court decide?

What the court decided

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