Allowed

Jaswant Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC17 Jan 2012CRM-M/28214/2011

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 and subsequent proceedings. The Court relied on a compromise deed executed between the parties and unopposed affidavits from the complainant and injured, holding that the matter raises issues of a personal nature.

What did the court decide?

FIR No. 32 dated 10.04.2008 and all subsequent proceedings arising out of the same were quashed.

Jaswant Singh and Anr. Vs State of Punjab and Anr. — Cheque Dishonour | Punjab & Haryana HC (2012)

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CRM No. M 28214 of 2011 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M 28214 of 2011 Date of decision: 17.01.2012

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Jaswant Singh and another ........ Petitioners

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Versus

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State of Punjab and others .......Respondent(s)

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Coram: Hon'ble Ms Justice Nirmaljit Kaur

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-.-

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Present: Mr. Manpreet Singh, Advocate for the petitioners

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Mr. K S Sidhu, DAG, Punjab for the respondent State

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Mr. Gagneshwar Walia, 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 judgement?

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To be referred to the Reporter or not?

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Whether the judgement 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. 32 dated 10.04.2008 under Section 323, 324, 325, 342, 148 and 149 IPC, P S Anandpur Sahib, District Ropar (Annexure P-1) which was got registered by respondent No. 2 - complainant against the present petitioners on the basis of the compromise dated 01.08.2011 arrived at between the parties. Copy of the same has been placed on record as Annexure P-3.

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The complainant as well as the injured are present in Court

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CRM No. M 28214 of 2011 2

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along with their counsel. They filed their respective affidavits in Court today, stating therein, that the matter has been amicably compromised between the parties vide compromise deed dated 01.08.2011 and have no objection if the said FIR is quashed.

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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 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

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CRM No. M 28214 of 2011 3

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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 as well as the injured have no objection if the said FIR is quashed.

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Taking into account the allegations, compromise as well as affidavits of the complainant/injured, 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. 32 dated 10.04.2008 under Section 323, 324, 325, 342, 148 and 149 IPC, P S Anandpur Sahib, District Ropar (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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17.01.2012 mohan

Jaswant Singh and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Jaswant Singh and Anr. v. State of Punjab and Anr.

Case brief

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What did the court decide?

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