Allowed

Gurmeet Singh & Ors. v. State of Punjab & Anr.

Punjab & Haryana HC23 Apr 2012CRM-M/12058/2011

Case brief

AI extract

What is this about?

This petition under Section 482 Cr.P.C. sought quashing of an FIR based on a compromise dated 09.04.2011. The High Court, noting the trial court's report that no coercion existed and the complainant's affidavit objecting to proceedings, quashed the FIR and subsequent proceedings. The court relied on established precedents emphasizing compromises in personal disputes.

What did the court decide?

FIR No. 79 dated 07.08.2010 under Sections 379 IPC and subsequent proceedings arising out of the same were quashed.

Gurmeet Singh & Ors. Vs State of Punjab & Anr. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM No. M 12058 of 2011 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M 12058 of 2011 Date of decision: 23.02.2012

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Gurmeet Singh and others ........Petitioners Versus State of Punjab and another .......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. Surinder Pal Singh Tinna, Advocate for the petitioners

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Mr. Mr. Navdeep Sukhna, DAG, Punjab for the respondent – State

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Mr. Vikas Kumar, Advocate for respondent No. 2 - complainant

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-.-

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Whether Reporters of local papers may be allowed to see the judgment?

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To be referred to the Reporter or not?

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Whether the judgment should be reported in the Digest?

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Nirmaljit Kaur, J. (Oral)

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This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 79 dated 07.08.2010 under Sections 379 IPC, Police Station Bahaw Wala, Tehsil Abohar, District Ferozepur which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 09.04.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-1.

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Vide order dated 25.04.2011, the parties were directed to

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CRM No. M 12058 of 2011 2

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appear before the trial Court on 09.05.2011 or any other sate convenient to the Court for recording their statements. Trial Court was also directed to record statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. Trial Court was also directed to send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties or whether any case is pending against either of the parties or not before the next date of hearing.

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In pursuance thereto, now the Judicial magistrate Ist Class, Abohar, vide letter dated 28.11.2011 has reported that the statement of complainant Gurmeet Singh son of Baj Singh and statement of accused Gurmeet Singh, Ashok Singh, Surinder Singh, Sukhshinder Singh was recorded on 09.06.2011. The statement made by the complainant and the accused do not appear to be the result of any pressure or coercion.

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Moreover, Respondent No. 2 is also present in Court and has filed his affidavit stating therein that the matter has been compromised and has no objection if the all the proceedings in the said FIR are quashed against all the accused persons.

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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.

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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:-

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“The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of

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CRM No. M 12058 of 2011 3

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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.”

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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:-

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“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 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.”

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Taking into account the allegations, compromise as well as affidavit of the complainant and report of the trial Court, 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.

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Accordingly, the present petition is allowed and FIR No. 79

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CRM No. M 12058 of 2011 4

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dated 07.08.2010 under Sections 379 IPC, Police Station Bahaw Wala, Tehsil Abohar, District Ferozepur and subsequent proceedings arising out of the same are hereby quashed.

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Allowed in the aforesaid terms.

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(Nirmaljit Kaur) Judge

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23.04.2012 mohan

Gurmeet Singh & Ors. v. State of Punjab & Anr.

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Gurmeet Singh & Ors. v. State of Punjab & Anr.

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