Allowed

Bohar Singh v. State of Punjab & Ors.

Punjab & Haryana HC10 May 2012CRM-M/12114/2011

Case brief

AI extract

What is this about?

The High Court quashed an FIR under Sections 279, 337, 338 IPC and 304-A IPC based on a valid compromise between parties, relying on inherent powers under Section 482 Cr.P.C. to serve the ends of justice in non-matrimonial disputes, citing Supreme Court precedents.

What did the court decide?

FIR No.12 dated 4.3.2007 under Sections 279, 337, 338 IPC and Section 304-A IPC and all subsequent proceedings are quashed.

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

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-12114 of 2011 Date of Decision:10.5.2012

Bohar Singh

.... Petitioner

Versus

The State of Punjab and others

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.... Respondents

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CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

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Present: Mr. G.S. Sandhu, Advocate for the petitioner. Mr. Kirat Singh Sidhu, D.A.G. Punjab. Mr. S.K. Chawla, Advocate for respondents No.2 to 5.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.12 dated 4.3.2007 under Sections 279, 337, 338 IPC (and later on offence under Section 304-A added on death of Head Constable Gurdial Singh who succumbed to his injuries) Police Station Kot Bhai, District Mukatsar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR in question was got registered by respondent No.6. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P-4) has also been placed on record in this regard. Vide order dated 25.4.2011, notice of motion was issued and the parties were directed to be present before the trial Court on 10.5.2011 and the trial Court was directed to record the statements with regard to compromise and submits its report in this regard.

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In pursuance to the same, report of the Judicial Magistrate Ist Class, Gidderbaha, has been received. As per the said report, the statements of the parties were recorded and as per

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CRM M-12114 of 2011

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the statements of the parties, the Court is of the opinion that the compromise has been validly executed by the parties and the same is genuine one.

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Thus, there is no doubt that the matter has been compromised.

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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 held that 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 reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:-

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“ The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has thewide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.”

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In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:-

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“ We need to emphasise 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

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CRM M-12114 of 2011

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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 that the compromise has been effected between the parties and the report received from the learned Judicial Magistrate Ist Class, Gidderbaha, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.12 dated 4.3.2007 under Sections 279, 337, 338 IPC (and later on offence under Section 304-A added on death of Head Constable Gurdial Singh who succumbed to his injuries) Police Station Kot Bhai, District Mukatsar and all subsequent proceedings arising therefrom are hereby quashed.

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10.5.2012 rajeev

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( NIRMALJIT KAUR ) JUDGE

Bohar Singh v. State of Punjab & Ors.

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Bohar Singh v. State of Punjab & Ors.

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