The High Court of Punjab and Haryana allowed a petition under section 482 Cr.P.C. to quash an FIR and all consequent proceedings based on the existence of a compromise between the parties, despite the challan not being filed yet.
FIR No. 26 dated 3.3.2011 and all consequential proceedings arising therefrom are hereby quashed.
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Crl.Misc.No. M-13462 of 2011(O & M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No. M-13462 of 2011(O & M) Date of decision : 28.8.2012
Preetpal Singh and Another v.
Petitioners
State of Punjab and Another Respondents
CORAM : HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. RK Girdhar, Advocate for the petitioners Mr. Luvinder Sofat, AAG, Punjab Mr. Pankaj Sohtra, Advocate for respondent No.2
JITENDRA CHAUHAN,J.
This petition under section 482 Cr.P.C has been filed for quashing of the FIR No. 26 dated 3.3.2011, under sections 307/506/34 IPC, and under sections 25/27/54/59 of the Arms Act, registered at Police Station Kotbhai, Tehsil Gidderbaha, District Sri Muktsar Sahib and all the subsequent proceedings arising therefrom on the basis of compromise dated (Annexure P-2) reached between the parties.
Learned State counsel, on instructions from SI Dhuni Chand, states that challan has not been filed. During investigation, section 307 IPC has been deleted and section 336 IPC has been added.
Learned counsel for respondent No. 2 submits that the complainant-respondent No.2 was present on the last date of hearing and has filed reply by way of affidavit, wherein he has specifically stated that keeping in view the compromise, Annexure P-2, he does not want to proceed with the case and has no objection if the instant FIR and the subsequent proceedings are quashed.
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Crl.Misc.No. M-13462 of 2011(O & M)
In view of the above, this Court is of the opinion that no useful purpose would be served in keeping the proceedings alive. In view of the law laid down by the Full Bench of this Court in re: Kulwinder Singh and Others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, this Court is competent to quash the proceedings on the basis of compromise.
Accordingly, this petition is allowed and FIR No. 26 dated 3.3.2011, under sections 307/506/34 IPC, and under sections 25/27/54/59 of the Arms Act, registered at Police Station Kotbhai, Tehsil Gidderbaha, District Sri Muktsar Sahib and all consequential proceedings arising therefrom are hereby quashed.
(JITENDRA CHAUHAN) JUDGE
28.8.2012 MS
2 issues framed by the court
Whether the High Court can quash criminal proceedings under section 482 Cr.P.C. on the basis of a compromise agreement when the challan has not been filed.
Whether the compromise dated between the parties is sufficient ground to quash FIR No. 26 under sections 307/506/34 IPC and sections 25/27/54/59 of the Arms Act.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Preetpal Singh and Another
State of Punjab and Another
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
