Allowed

Pawan and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC10 Jan 2012CRM-M/31188/2011

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash FIR No. 337 in non-compoundable offences (cheating, forgery). Relying on precedents, the Court held that a valid compromise between parties, endorsed by the victim respondent, constitutes a fit case for quashing proceedings to secure the ends of justice, even without Section 320 Cr.P.C. applicability.

What did the court decide?

The petition was allowed and FIR No. 337 dated 18.8.2005 and all subsequent proceedings are quashed. No relief to the respondent No.2 was to be granted as she had received settlement.

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

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

CRM M-31188 of 2011 Date of Decision:10.1.2012

Pawan & others

.... Petitioners

Versus

State of Haryana and another

¶7

.... Respondents

¶8

CORAM: Hon'ble Ms. Justice Nirmaljit Kaur

¶9

Present: Mr. Atul Lakhanpal, Sr. Advocate with Mr. Arjun Lakhanpal, Advocate for the petitioners. Mr. Anmol Malik, A.A.G. Haryana. Mr. Arvind Rajotia, Advocate for respondent No.2.

¶10

¶11

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

¶12

2.To be referred to the Reporters or not?

¶13

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

¶14

NIRMALJIT KAUR, J.(Oral)

¶15

The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.337 dated 18.8.2005 under Sections 420/467/471/120 IPC Police Station Ratia, District Fatehabad and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

¶16

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 in this regard.

¶17

Respondent No.2 is present in the Court. Her statement has been recorded separately. As per her statement, the matter has been compromised before the Mediation Centre. In pursuance to the compromise, she has already received a sum of Rs.5,00,000/- and she has

¶18

-2-

¶19

CRM M-31188 of 2011

¶20

received a demand draft bearing No.000332 dated 9.1.2012 in her name issued by AXIS BANK LTD amounting to Rs.75,00,000/- in the Court today as full and final settlement. She has no objection if the FIR in question is quashed and she has no further pending claim against the petitioners.

¶21

The Full Bench of this Court, in the case of Kulwinder Singh

¶22

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:-

¶23

“ 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.”

¶24

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

¶25

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

¶26

“ 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

¶27

CRM M-31188 of 2011 -3-

¶28

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 litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.”

¶29

Taking into account that the compromise has been effected between the parties and the statement of respondent No.2 made before this Court today 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.

¶30

Accordingly, the present petition is allowed and FIR No.337 dated 18.8.2005 under Sections 420/467/471/120 IPC Police Station Ratia, District Fatehabad and all subsequent proceedings arising therefrom are hereby quashed.

¶31

10.1.2012 ( NIRMALJIT KAUR ) rajeev JUDGE

Pawan and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

Pawan and Ors. v. State of Haryana and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jaspal Kaur Vs State of Punjab

Raj Kumar Vs State of Punjab and Anr.

Mandeep Singh & Ors. Vs State of Punjab & Anr.

Gulab Singh Vs State of Punjab

Suba Singh Vs State of Punjab

Gurmeet Kaur & Anr. Vs State of Punjab & Anr.