Allowed

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

Punjab & Haryana HC29 May 2012CRM-M/14302/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR registered for sections 323, 325, 148, and 149 IPC. The Court held that since the parties amicably compromised the family dispute, continuing criminal proceedings served no useful purpose, citing settled propositions allowing quashing upon compromise in personal nature disputes.

What did the court decide?

FIR No. 59 dated 16.10.2011 and subsequent proceedings arising out of the same are quashed.

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

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CRM No. M 14302 of 2012 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M 14302 of 2012 Date of decision: 29.05.2012

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Gurjit Singh and others ........Petitioners

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Versus

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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. Gagan Deep Singh, Advocate for the petitioners

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Mr. K D Sachdeva, Addl. A G Punjab for the respondent (s)

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Mr.Atul Sharma, 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

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No. 59 dated 16.10.2011 under sections 323, 325, 148, 149 IPC, Police Station Mehta, District Amritsar Rural (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise arrived at between the parties. Copy of the same has been placed on record as Annexure P-2.

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In the present case, some family disputes and misunderstanding

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CRM No. M 14302 of 2012 2

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between the parties, led to filing of the said FIR. Now, the matter has been amicably resolved.

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Complainant - Harjit Singh is present in Court along with his counsel. He filed his reply by way of short affidavit in Court today, stating therein, that aforesaid FIR was got registered by him. Now with the intervention of the respectables, the matter has been compromised and has no objection if the said FIR is quashed.

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From the above, it is clear that the parties have amicably compromised the matter, no useful purpose would be served with continuance of 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 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

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CRM No. M 14302 of 2012 3

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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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The said compromise has been arrived at between the parties without any pressure. The complainant has no objection if the said FIR is quashed.

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Taking into account the allegations, compromise as well as affidavit of the complainant, 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. 59 dated 16.10.2011 under sections 323, 325, 148, 149 IPC, Police Station Mehta, District Amritsar Rural (Annexure P-1) 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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29.05.2012 mohan

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

Case brief

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

Case brief

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