The High Court of Punjab and Haryana quashed FIR No.59 and consequent proceedings under Section 482 Cr.P.C. based on a verified compromise between the petitioner and the respondents, relying on Full Bench guidelines.
F.I.R. No.59 dated 03.04.2004 and all consequential proceedings were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM-M No.10106 of 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.M-M No.10106 of 2012 (O&M) Date of decision : 10.04.2013
M/s Longowalia Yarns Ltd. and others
...... Petitioners
Versus
State of Punjab and another
...... Respondents
CORAM : HON'BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. Nitin Thatai, Advocate for the petitioners.
Mr. K.S. Pannu, D.A.G., Punjab.
Mr. Sanjay Vashisth Advocate for respondent No.2.
*******
AJAY TEWARI, J. (Oral)
The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.59 dated 03.04.2004 registered under Sections 379, 408, 420, 467, 468, 471 and 120-B IPC at Police Station Division No.6, Ludhiana and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-4).
CRM-M No.10106 of 2012 (O&M)
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On 18.04.2012 the following order was passed:-
“Learned counsel for the petitioners inter alia contends that a compromise has been effected between the parties and under the similar allegations, CRM-M No.4670 of 2012 was filed wherein notice of motion has been issued and the case is fixed for hearing on 17.05.2012.
Notice of motion for 17.05.2012.
To be heard along with CRM-M No.4670 of 2012.
Meanwhile, let the statements of the parties be recorded before the trial Court. Parties are directed to be present before the trial Court on 02.05.2012 or any other date convenient to the Court for recording their statements with regard to compromise. The trial Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The trial Court is also directed to send a report alongwith statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not before the next date of hearing. The trial Court is also directed to intimate with regard to pendency of any P.O. Proceedings against the parties.”
Thereafter, the report of the Judicial Magistrate Ist Class, Ludhiana dated 04.05.2012 has been received whereby the JMIC has mentioned that the parties appeared before him and attested to the fact that a compromise has indeed taken place between them and that the compromise
CRM-M No.10106 of 2012 (O&M)
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has been executed voluntarily and without any pressure. He has further reported that accused-Sanjay Garg, Executive Director of M/s Longowalia Yarns Ltd. has lodged an FIR No.181 of 2004 under Sections 420, 467, 468 IPC at Police Station, Sector 5, Panchkula against Vineet Jain of M/s Pasupati Acrylon Ltd-respondent No.2 and in that case the cancellation has already been filed.
Learned Deputy Advocate General has accepted the fact that all the disputes have been resolved and that there is no other case pending against the petitioners.
Broad guidelines have been laid down by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another reported in 2007(3) R.C.R. (Crl.) 1052 for quashing the prosecution when parties entered into compromise.
Consequently, this petition is allowed and the F.I.R. No.59 dated 03.04.2004 along with all other consequent proceedings arising therefrom are quashed qua petitioners.
Since the main case has been decided, the pending criminal miscellaneous application, if any, also stands disposed of.
April 10, 2013 ashish
( AJAY TEWARI ) JUDGE
1 issue framed by the court
Whether the criminal proceedings should be quashed on the basis of a proven voluntary compromise between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and anotherReferred¶33
2007(3) R.C.R. (Crl.) 1052
2 provisions across 2 enactments
M/s Longowalia Yarns Ltd. and others
State of Punjab
Pasupati Acrylon Ltd.
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
