The High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of an FIR registered under Section 307 IPC on the basis of a compromise, holding that the offense is serious and non-compoundable.
Petition for quashing of FIR is dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-29146 of 2010 Date of Decision:16.2.2012
Satbir @ Sattu and others
.... Petitioners
Versus
State of U.T. Chandigarh and others
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: None for the petitioners. Mr. Gautam Kaile, Advocate for Mr. Rajeev Sharma, Advocate for U.T. Chandigarh.
1.Whether Reporters of Local Newspapers may be allowed to see the judgment?
2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.(Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR registered under Section 307 IPC on the basis of compromise.
On 29.3.2011, the matter was adjourned for 22.7.2011 to enable the learned counsel for the petitioners to file correct address of respondent No.2 as the notice had been received back with the report that respondent No.2 is not residing at the given address. On 22.7.2011, it was recorded that notice could not be issued to respondent No.2 as correct address was not furnished and last opportunity to furnish the correct address of respondent No.2 was given and the matter was adjourned to 16.9.2011.
It is evident that correct address of respondent No.2 has not been supplied till date. The present petition is for quashing of FIR on the basis of compromise registered under Sections 307,323,325 and 506 IPC read with Section 34 IPC and 25/27 of Arms Act. Besides the fact that last
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CRM M-29146 of 2010
opportunity has already been given to furnish correct of respondent No.2 but the same has not been supplied till date, the present petition for quashing of FIR for an offence under Section 307 IPC cannot be accepted on the basis of compromise. The said offence is serious and cannot be compounded.
Accordingly, the present petition is dismissed.
( NIRMALJIT KAUR ) JUDGE
16.2.2012 rajeev
1 issue framed by the court
Whether the petition for quashing of an FIR under Section 307 IPC based on a compromise is maintainable.
4 provisions across 3 enactments
Satbir @ Sattu and others
State of U.T. Chandigarh and others
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
