Allowed

Bhupinder Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC2 Apr 2012CRM-M/12640/2010

Case brief

AI extract

What is this about?

Petitioners invoked inherent powers under Section 482 Cr.P.C. to quash an FIR and subsequent proceedings arising therefrom based on a post-facto compromise between the parties, citing relevant precedents to support the application of inherent powers even in non-compoundable offences.

What did the court decide?

FIR No.45 dated 1.04.2008 under Sections 326, 323, 324, 450, 506, 34 IPC and all subsequent proceedings arising therefrom were quashed.

Bhupinder Singh and Ors. Vs State of Punjab and Anr. — 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-12640 of 2010 Date of Decision:2.4.2012

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Bhupinder Singh and others

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.... Petitioners

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Versus

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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. K.S. Kahlon, Advocate for the petitioners. Mr. Navdeep Sukhna, D.A.G. Punjab. Mr. Ajay Arora, Advocate for respondents No.2 and 3.

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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.45 dated 1.04.2008 under Sections 326,323,324,450,506,34 IPC Police Station Garhshankar, District Hoshiarpur 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.2. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P-3) and an affidavit (Annexure P-4) of respondent No.2 has already been placed on record to this effect. However, during the pendency of the present petition, respondent No.2 died and the wife of respondent No.2 being his only legal heirs has been

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-2-

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CRM M-12640 of 2010

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impleaded as party respondent No.3 to authenticate the compromise.

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The parties are present in the Court along with their respective counsel. Learned counsel for respondents No.2 and 3 has placed on record the affidavit of respondent No.3 admitting the factum of compromise. As per the said affidavit, respondents No.3 has no objection if the FIR in question is quashed.

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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 the wide 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

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2008(4) S.C. Cases 582, the Apex Court emphasised and advised as

CRM M-12640 of 2010

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under:-

“ 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 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 affidavit of respondent No.3 stating that she has no objection if the FIR is quashed, 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.45 dated 1.04.2008 under Sections 326,323,324,450,506,34 IPC Police Station Garhshankar, District Hoshiarpur and all subsequent proceedings arising therefrom are hereby quashed.

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2.4.2012 rajeev

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( NIRMALJIT KAUR ) JUDGE

Bhupinder Singh and Ors. v. State of Punjab and Anr.

Case brief

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Bhupinder Singh and Ors. v. State of Punjab and Anr.

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