Allowed

Gurdial Singh etc. v. State of Punjab & Anr.

Punjab & Haryana HC23 Mar 2012CRM-M/5210/2012

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash an FIR involving dry sakum saaz grabbing and threats, relying on a settled-law position that compromises securing peace justify quashing even in non-compoundable offences.

What did the court decide?

FIR No.170 dated 15.07.2011 and subsequent proceedings under Sections 457, 380, 506 IPC are quashed.

Gurdial Singh etc. Vs State of Punjab & Anr. — Cheating and Forgery | Punjab & Haryana HC (2012)

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Crl. Misc. No.M-5210 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No.M-5210 of 2012 Date of Decision: 23.03.2012

Gurdial Singh etc.

....Petitioners

Versus

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. Ramesh Sharma, Advocate for the petitioners.

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Mr. Navdeep Sukhna, D.A.G., Punjab for the respondent-State.

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Mr. Madan Lal, Advocate for respondent No.2.

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

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To be referred to the Reporters or not ?

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Whether the judgment 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 the FIR No.170 dated 15.07.2011 under Sections 457, 380 and 506 IPC registered at Police Station Shahkot, District Jalandhar and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties.

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The FIR was registered against the present petitioners by respondent No.2-Gurmukh Singh son of Bahadur Singh. Due to the intervention of the respectable of the area, the matter has been compromised. Compromise deed is placed on record as Annexure P-2. As

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Crl. Misc. No.M-5210 of 2012

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per the compromise, the complainant respondent No.2 does not wish to pursue the above mentioned FIR against the petitioners. An affidavit was also executed affirming the factum of compromise and the same is placed on record.

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The matter having been compromised, it is 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 the FIR.

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The Full Bench of this Court, in the case of Kulwinder Singh and others vs. 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 vs. State of Punjab 2008(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

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Crl. Misc. No.M-5210 of 2012

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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 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 matter has been compromised. In view of the settled position of law, it would be just and proper to quash the FIR for peace, harmony and thus allow the parties to move on in life.

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Accordingly, the present petition is allowed and FIR No.170 dated 15.07.2011 under Sections 457, 380 and 506 IPC registered at Police Station Shahkot, District Jalandhar and subsequent proceedings arising therefrom are hereby quashed in the interest of justice.

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(NIRMALJIT KAUR) JUDGE

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23.03.2012 gurpreet

Gurdial Singh etc. v. State of Punjab & Anr.

Case brief

What is this about?

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Gurdial Singh etc. v. State of Punjab & Anr.

Case brief

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What did the court decide?

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