Allowed

Shiv Dev Singh Rakkar v. State of Punjab and Anr.

Punjab & Haryana HC25 Jan 2012CRM-M/29034/2011

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR and subsequent proceedings. Citing the Full Bench judgment in Kulwinder Singh and the Apex Court decision in Madan Mohan Abbot, the court held that a valid compromise in a dispute of personal nature justifies quashing proceedings in the interest of justice.

What did the court decide?

Quashing of FIR No.67 dated 1.4.2011 and all subsequent proceedings arising therefrom.

Shiv Dev Singh Rakkar Vs State of Punjab and… — Cheating and Forgery | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-29034 of 2011

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Date of Decision:25.1.2012

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Shiv Dev Singh Rakkar

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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 Ms. Justice Nirmaljit Kaur

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Present: Mr. Pankaj Chauhan, Advocate for the petitioner. Mr. Navdeep Sukhna, D.A.G. Punjab.

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Mr. Harsh Bunger, Advocate for respondent No.2.

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1.Whether Reporters of Local Newspapers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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NIRMALJIT KAUR, J.(Oral)

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The present petition has been filed under Section 482 Cr.P.C.

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for quashing of FIR No.67 dated 1.4.2011 under Sections 419,420,465,467,468,471,120-B IPC Police Station Navi Baradari, Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR in question was got registered by respondent No.2. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P-2) has already been placed on record to this effect.

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The parties are present in the Court along with their respective counsel. Learned counsel for respondent No.2 has already placed on record the affidavit of respondent No.2 admitting the factum of compromise on the last date of hearing. As per the said affidavit, respondents No.2 has no

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-2-

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CRM M-29034 of 2011

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objection if the FIR in question 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 held that 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 reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted. It is further held as under:-

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“ The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.”

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In the case of Madan Mohan Abbot v. State of Punjab 2008

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(4) S.C. Cases 582, the Apex Court emphasised and advised as under:-

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“ We need to emphasise 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 M-29034 of 2011 -3litigation. 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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Taking into account that the compromise has been effected between the parties and the affidavit of respondent No.2 stating that she has no objection if the FIR is quashed, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR No.67 dated 1.4.2011 under Sections 419,420,465,467,468,471,120-B IPC Police Station Navi Baradari, Jalandhar and all subsequent proceedings arising therefrom are hereby quashed.

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25.1.2012 ( NIRMALJIT KAUR ) rajeev JUDGE

Shiv Dev Singh Rakkar v. State of Punjab and Anr.

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Shiv Dev Singh Rakkar v. State of Punjab and Anr.

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