The High Court of Punjab and Haryana dismissed a petition under Section 482 Cr.P.C. seeking quashing of an FIR. It refused to accept the alleged compromise as a ground because the complainant vacillated, providing conflicting statements about coercion.
Petition for quashing of FIR and subsequent proceedings dismissed.
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CRM No.M-13726 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-13726 of 2012 (O&M)
Date of decision : 07.12.2012
Subash and others
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. N.K. Joshi, Advocate, and
Mr. Ashok Kaushik, Advocate for the petitioners.
Mr. Deepak Girotra, AAG, Haryana.
Mr. Suryakant Gautam, Advocate, for Mr. B.S. Tewatia, Advocate, for respondent No.2.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Code of Criminal Procedure, (for short, 'the Cr.P.C.') is for quashing of FIR No.21 dated 03.02.2012, registered under Sections 367, 343, 195, 506, 34 of the Indian Penal Code, at Police Station Rania, District Sirsa, along with all subsequent proceedings arising therefrom.
Heard.
The complainant is present in the Court. He appeared before the Judicial Magistrate 1st Class, Ellenabad, on 08.09.2012, and
CRM No.M-13726 of 2012 -2-
made a statement that the compromise reached and signed by him was under coercion and there was imminent threat to his life and liberty at the hands of the accused. Again, an affidavit has been filed by him, today in the Court, wherein he has admitted the factum of compromise.
Keeping in view the vacillating nature of the complainant, this Court is not inclined to allow the present petition on the basis of compromise.
Dismissed.
07.12.2012 (JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to reporter ? Yes / No
1 issue framed by the court
Whether a petition for quashing of FIR based on compromise can be allowed when the complainant’s statement indicates coercion and threat to life.
2 provisions across 2 enactments
Subash and others
State of Haryana and another
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
