This special criminal reference petition sought the quashing of an FIR regarding cheating and forgery. The High Court allowed the petition and quashed the FIR and subsequent proceedings after a compromise was reached between the parties.
FIR No. 15 dated 17.03.2007 and subsequent proceedings arising therefrom 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.
CRM No. M 10001 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M 10001 of 2012 Date of decision: 14.05.2012
Gurnam Singh and others ........Petitioners
Versus
State of Punjab and another .......Respondent(s)
Coram: Hon'ble Ms Justice Nirmaljit Kaur
-.-
Present: Mr. K S Dhanora, Advocate for the petitioners
Mr. K D Sachdeva, Addl. A G Punjab for the respondent (s)
Mr. TPS Bhatti, Advocate for respondent No. 2 - complainant
-.-
Nirmaljit Kaur, J. (Oral)
This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 15 dated 17.03.2007 under Sections 420, 465, 467, 468, 471, 120-B IPC, Police Station Bilga, District Jalandhar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 31.01.2012 arrived at between the
parties. Copy of the same has been placed on record as Annexure P-2.
Complainant-Kamaljeet Singh is present in Court along with
CRM No. M 10001 of 2012 2
his counsel. He filed his affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now with the intervention of the respectables, the matter has been compromised and has no objection if the said FIR is quashed.
From the above, it is clear that the parties have amicably compromised the matter and no useful purpose would be served by continuing the criminal proceedings.
The Full Bench of this Court in the case of Kulwinder Singh and others v. State of Punjab and another- 2007(3) RCR (Criminal) 1052 has observed as under:-
“The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduced friction, then it truly is finest hour of justice. Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the court exercising its power under Section 482 of the Cr.P.C in the event of a compromise, but this is not to say power is limited to such cases. There can never be any such rigid rules to prescribe the exercise of such power.”
The Apex Court in the case of ' Madan Mohan Abbot v. State of Punjab' reported as (2008)4 SCC 582 emphasised in para No. 6 as follows:-
“6. We need to emphasize that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with
CRM No. M 10001 of 2012 3
no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”
The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed.
Taking into account the allegations, compromise as well as affidavit of the complainant, there is no impediment in the way of this Court to quash the present FIR and subsequent proceedings arising out of the same in view of the above said settled proposition of law.
Accordingly, the present petition is allowed and FIR No. 15 dated 17.03.2007 under Sections 420, 465, 467, 468, 471, 120-B IPC, Police Station Bilga, District Jalandhar (Annexure P-1) and subsequent proceedings arising out of the same are hereby quashed.
Allowed in the aforesaid terms.
(Nirmaljit Kaur) Judge
14.05.2012 mohan
1 issue framed by the court
Whether an FIR under Sections 420, 465, 467, 468, 471, 120-B IPC should be quashed in light of a subsequent compromise between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others v. State of Punjab and anotherReferred¶24
2007(3) RCR (Criminal) 1052
Madan Mohan Abbot v. State of PunjabRelied on¶26
(2008)4 SCC 582 · Who else cites this
1 provisions across 1 enactments
Gurnam Singh and others
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
