High Court quashed FIR No.18 and related proceedings after the complainants conceded that no objection existed to quashing, relying on a compromise and established precedence allowing quashing in such scenarios.
FIR No.18 dated 12.6.2010 and all consequential criminal proceedings arising out of it were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
Crl. Misc. No. M-15960 of 2012 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-15960 of 2012 (O&M) Date of decision: 13.09.2012
Dharminder Singh @ Lakhy
....Petitioner
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. G.S. Nahel, Advocate, for the petitioner.
Ms. Jaspreet Kaur, AAG, Punjab.
Mr. Peerdan, Advocate, for respondent No.2 to 5.
PARAMJEET SINGH, J. (ORAL)
Crl. Misc. No.54290 of 2012
Crl. Misc. is allowed. Amended memo of parties is taken on
record.
Crl. Misc. No. M-15960 of 2012
Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.18 dated 12.6.2010, registered under Sections 323/324/341/365/506/148/149 IPC at Police Station Kiratpur Sahib, along with all consequential proceedings arising out of it, on the basis of compromise dated (Annexure P-2)
Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 443 to contend 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.
-2-
Crl. Misc. No. M-15960 of 2012 (O&M)
Learned counsel for the complainants, on instructions from the complainants, states that complainants would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for respondents No.2 to 5-complainants has also handed over affidavits dated 17.8.2012 to the above effect, which are taken on record.
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.
Present petition is allowed. FIR No.18 dated 12.6.2010, registered under Sections 323/324/341/365/506/148/149 IPC at Police Station Kiratpur Sahib, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.
(Paramjeet Singh) Judge
September 13, 2012 R.S.
2 issues framed by the court
Whether the FIR and consequential proceedings should be quashed on the basis of a compromise between the parties.
Whether non-compoundable offences can be compounded in the interest of justice under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Bhupinder Kaur vs. State of Punjab and anotherRelied on¶21
Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 443
Madan Mohan Abbot vs. State of PunjabRelied on¶26
Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429
Kulwinder Singh and others vs. State of Punjab and anotherRelied on¶26
Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
1 provisions across 1 enactments
Dharminder Singh @ Lakhy
State of Punjab
Complainants
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
