Allowed

Amarjit Singh @ Kaka v. State of Punjab and Anr.

Punjab & Haryana HC11 Jul 2012CRM-M/15058/2012

Case brief

AI extract

What is this about?

This petition sought to quash an FIR for cheating and criminal breach of trust based on a post-compromise. The single-judge High Court, relying on Section 482 CrPC and precedents allowing quashing to prevent abuse of process, held that with a valid compromise and no objection from the state, continuing proceedings was futile. The FIR and all subsequent proceedings were quashed.

What did the court decide?

FIR No. 71 dated 4.7.2003 under Sections 406, 420 IPC and all subsequent proceedings arising therefrom are quashed.

Amarjit Singh @ Kaka Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2012)

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Crl.Misc.No.M- 15058 of 2012 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

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Crl.Misc.No.M- 15058 of 2012 (O&M)

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Date of decision :11.7.2012

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Amarjit Singh @ Kaka

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......Petitioner

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Versus

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State of Punjab and another

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.......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Petitioner in person.

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Respondent No.2 in person.

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SABINA, J.

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The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 71 dated 4.7.2003 (Annexure P-1), under Sections 406, 420 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Samrala, Police District Khanna District Ludhiana and all subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

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Petitioner has submitted that the parties have arrived at a compromise with the intervention of the relatives and respectables of the area.

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Respondent No.2, who is present in person, has admitted the factum of compromise effected between the parties and has tendered his affidavit, wherein he has stated that he has no objection in case the FIR in question is ordered to be quashed.

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Crl.Misc.No.M- 15058 of 2012 (O&M)

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As per the Full Bench judgment of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR

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(Criminal) 1052, High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court felt that the same was required to prevent the abuse of the process of any Court or to otherwise secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

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Hon'ble the Apex Court in the case of Nikhil Merchant

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vs. Central bureau of Investigation and another JT 2008 (9) SC

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192 in para Nos. 23 and 24 has held as under:-

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“23. In the instant case, the disputes between the Company and the Bank have been set at rest on the basis of the compromise arrived at by them whereunder the dues of the Bank have been cleared and the Bank does not appear to have any further claim against the Company. What, however, remains is the fact that certain documents were alleged to have been created by the appellant herein in order to avail of credit facilities beyond the limit to which the Company was entitled. The dispute involved herein has overtones of a civil dispute with certain criminal facets. The question which is required to be answered in this case is whether the power which independently lies with this court to quash the criminal proceedings pursuant to the compromise arrived at, should at all be exercised?

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Crl.Misc.No.M- 15058 of 2012 (O&M)

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24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this Court in B.S.Joshi's case (supra) and the compromise arrived at between the Company and the Bank as also clause 11 of the consent terms filed in the suit filled by the Bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of the criminal proceedings, since, in our view, the continuance of the same after the compromise arrived at between the parties would be a futile exercise.”

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Since the parties have arrived at a compromise and have decided to live in peace, no useful purpose would be served in allowing these proceedings to continue.

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Accordingly, the petition is allowed. FIR No. 71 dated 4.7.2003 (Annexure P-1), under Sections 406, 420 IPC, registered at Police Station Samrala, Police District Khanna District Ludhiana and all the subsequent proceedings arising therefrom are quashed.

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(SABINA) JUDGE

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anita

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July 11, 2012

Amarjit Singh @ Kaka v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Amarjit Singh @ Kaka v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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