Allowed

Kehar Singh v. State of Punjab and Others

Punjab & Haryana HC24 Aug 2012CRM-M/14492/2012

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 Cr.P.C., the High Court quashed an FIR and consequent proceedings involving offences under Sections 279, 338, 427 IPC based on a compromise between the accused and the complainants, relying on binding precedents regarding settlement in non-bailable offences.

What did the court decide?

FIR No. 86 dated 23.05.2010 under Sections 279, 338, 427 IPC and all consequential criminal proceedings were quashed.

Kehar Singh Vs State of Punjab and Others — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM M-14492 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-14492 of 2012 (O&M) Date of Decision: August 24, 2012

Kehar Singh

... Petitioner

Versus

State of Punjab and others.

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... Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Whether Reporters of the local papers may be allowed to see the judgment ?.

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To be referred to the Reporters or not ?.

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Whether the judgment should be reported in the Digest ?

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Present: Mr. Naveen Batra, Advocate, for the petitioner.

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Mr. J.S. Bhullar, AAG, Punjab.

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Mr. Harpreet Singh, Advocate, for respondent Nos.2 to 4.

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Paramjeet Singh, J. (Oral)

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Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 86 dated 23.05.2010, under Sections 279, 338, 427 IPC, registered at Police Station Garhshankar, District Hoshiarpur and all the subsequent proceedings arising out of the said FIR on the basis of compromise dated 11.04.2012 (Annexure P/2).

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Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State

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CRM M-14492 of 2012

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of Punjab and another, 2004(2) RCR (Criminal) 443 to contend

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that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non-compoundable offence.

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Learned counsel for respondent Nos. 2 to 4, on instructions from Lakhbir Singh, Vijay Kumar and Avtar Singh @ Tari, who are present in Court today, states that respondent Nos. 2 to 4 would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.

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Learned counsel for respondent nos. 2 to 4 has also handed over three separate affidavits dated 24.08.2012 of respondent Nos. 2 to 4 to the above effect, which are taken on record.

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Consequently, in view of compromise (Annexure P/2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429, by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur's case (supra) no useful purpose would be served in prolonging the litigation.

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Present petition is allowed. FIR No. 86 dated 23.05.2010,

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CRM M-14492 of 2012 3

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under Sections 279, 338, 427 IPC, registered at Police Station Garhshankar, District Hoshiarpur is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.

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August 24, 2012 [ Paramjeet Singh ] vkd Judge

Kehar Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Kehar Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

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