The High Court quashed a non-compoundable FIR under Section 482 Cr.P.C. admitting a post-crime compromise between the accused and the private complainant to restore peace in the community.
Impugned FIR No.174 is quashed along with all consequential proceedings arising therefrom.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10143 of 2013 Date of decision: 29.05.2013
Gurbhej Singh & others
.... Petitioners
Versus
State of Punjab and another
.... Respondents
CORAM: HON'BLE MR. JUSTICE L.N.MITTAL
Present: Mr. G.K.Saini, Advocate for the petitioners.
Mr. Roopam Aggarwal, DAG, Punjab for respondent No.1.
Mr. Bhupinder Singh, Advocate for respondent No.2.
L.N.MITTAL, J.(Oral)
Accused Gurbhej Singh and six others have filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for quashing FIR No.174 dated 24.11.2008 (Annexure P-1), under Sections 323, 324, 506, 148, 149 of the Indian Penal Code (in short – IPC), registered at Police Station Julka, District Patiala, in view of compromise (Annexure P-2) effected with respondent no. 2 – complainant, who has also furnished affidavit (Annexure P-3) regarding the compromise.
I have heard counsel for the parties and perused the case file.
Counsel for respondent no.2 – complainant, on instructions from respondent no.2, said to be present in person in the Court, stated that parties have effected compromise (Annexure P-2), for which respondent no.2 has also furnished affidavit (Annexure P-3), and therefore, respondent no. 2 has no objection if the impugned FIR is quashed.
CRM No.M-10143 of 2013
-2-
In appropriate cases, FIR can be quashed on the basis of compromise by exercising inherent powers under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225 .
In the instant case, parties belong to the same village. They have effected compromise with intervention of friends, relatives and respectables. Respondent No.2 suffered only simple injuries in the occurrence. It is, accordingly, a fit case in which FIR should be quashed so that the parties may live in peace and harmony.
Resultantly, the instant petition is allowed and impugned FIR Annexure P-1 is quashed along with all consequential proceedings arising therefrom.
29.05.2013 (L.N.Mittal) sonia Judge
1 issue framed by the court
Whether FIR can be quashed on the basis of compromise by exercising inherent powers under Section 482 Cr.P.C. even if offences are not compoundable.
Colour shows how this judgement treated each authority
Kulwinder Singh vs. State of PunjabFollowed¶19
Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225
1 provisions across 1 enactments
Gurbhej Singh & others
State of Punjab
L.N.Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
