Allowed

Kaka and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC11 Jul 2012CRM-M/15166/2012

Case brief

AI extract

What is this about?

This petition under Section 482 CrPC sought quashing of an FIR and subsequent proceedings following a compromise between parties. The High Court allowed the petition, quashing the FIR and proceedings, holding that continuing prosecution would be a futile exercise given the settlement.

What did the court decide?

FIR No. 65 dated 8.7.2009 under Sections 452, 326, 324, 148, and 149 IPC and all subsequent proceedings were quashed.

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

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CRM No. M-15166 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-15166 of 2012 (O&M) Date of decision: 11.7.2012

Kaka and others

......Petitioners

Versus

State of Punjab and others .......Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Petitioner No.1 in person.

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Respondents No.2 and 3 in person.

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Assistant Sub Inspector Harjit Singh in person. ****

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SABINA, J.

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Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 65 dated 8.7.2009 (Annexure P-1), under Section 452, 326, 324, 148, 149 of the Indian Penal Code ('IPC' for short), registered at Police Station Kalanaur, District Gurdaspur and subsequent proceedings arising therefrom in view of the compromise (Annexure P-2) arrived at between the parties.

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Petitioner No.1 Kaka Singh has stated that now with the intervention of the relatives and friends parties have arrived at a compromise.

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Respondents No. 2 and 3 have stated that respondent No.4 their mother has died on 15.5.2012. They have admitted the factum of compromise between the parties and have identified their signatures on the compromise (Anneuxre P-2). They have stated that they have no objection if the FIR in question is ordered to be quashed.

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CRM No. M-15166 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 (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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24.On an overall view of the facts as indicated hereinabove and keeping in mind the decision of this

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CRM No. M-15166 of 2012 (O&M)

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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 the criminal proceedings to continue.

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Accordingly, the present petition is allowed. FIR No. 65 dated 8.7.2009 (Annexure P-1) under Section 452, 326, 324, 148, 149 IPC registered at Police Station Kalanaur, District Gurdaspur and all the subsequent proceedings, arising therefrom, are quashed.

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(SABINA) JUDGE

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July 11, 2012 Gurpreet

Kaka and Ors. v. State of Punjab and Ors.

Case brief

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Kaka and Ors. v. State of Punjab and Ors.

Case brief

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