Allowed

Chandan Dabra and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC24 May 2013CRM-M/10617/2013

Case brief

AI extract

What is this about?

This judgment allows a petition under Section 482 Cr.P.C. to quash an FIR against petitioners and the complainant who are related. The court relied on a compromise agreement and inherent powers to dismiss the proceedings, citing that parties belong to the same family.

What did the court decide?

Impugned FIR No. 206 dated 27.10.2010 and all consequential proceedings arising therefrom are quashed.

Chandan Dabra and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-10617 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : Crl. Misc. No. M-10617 of 2013

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Date of Decision : May 24, 2013

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Chandan Dabra and another

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.... Petitioners

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Vs.

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CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. R. K. Girdhar, Advocate for the petitioners.

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Mr. Roopam Aggarwal, DAG, Punjab for respondent no. 1.

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Mr. Pankaj Sahotra, Advocate for respondent no. 2.

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L. N. MITTAL, J. (Oral) :

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Accused Chandan Dabra and Gorav Dabra have filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for quashing FIR No.206 dated 27.10.2010 (Annexure P-1), under Sections 452, 325 and 323 read with Section 34 of the Indian Penal Code (in short – IPC), registered at Police Station City, Sri Muktsar Sahib, in view

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of compromise (Annexure P-2) effected with respondent no. 2 –

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Crl. Misc. No. M-10617 of 2013

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complainant.

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Affidavit of respondent no.2 – complainant, filed today in Court, is taken on record, subject to all just exceptions.

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I have heard counsel for the parties and perused the case file.

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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), and therefore, respondent no. 2 has no objection, if the impugned FIR is quashed. Affidavit of respondent no. 2 to the same effect has also been placed on record in the Court today.

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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

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(3) Law Herald (Punjab and Haryana) 2225 .

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In the instant case, parties are stated to be closely related and belong to the same family. Compromise has been effected with intervention of relatives and friends. There was also another FIR lodged by petitioner no. 1 herein. Compromise has been effected in that case also. Accordingly, it is a fit case in which FIR should be quashed so that the parties may live in peace and harmony and maintain their cordial relationship.

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Crl. Misc. No. M-10617 of 2013

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Resultantly, the instant petition is allowed and impugned FIR

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Annexure P-1 is quashed along with all consequential proceedings arising

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therefrom.

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May 24, 2013 ( L. N. MITTAL ) monika JUDGE

Chandan Dabra and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Chandan Dabra and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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