The High Court quashed the FIR and consequential proceedings based on Section 482 Cr.P.C. as the underlying civil dispute was fully settled and amounts were recovered by the complainant.
FIR No. 278 dated 10.11.2012 and all consequential proceedings against the petitioners are 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-11372 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-11372 of 2013 (O&M) Date of Decision: October 25, 2013.
Mukesh Jain and another
.......PETITIONER(s).
VERSUS
State of Punjab and another
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Sanjay K. Guevera, Advocate for Mr. Gurcharan Dass, Advocate for the petitioner (s).
Mr. Deepak Garg, A.A.G., Punjab.
Respondent No.2 in person with Mr. Inderpal Singh Parmar, Advocate.
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.278 dated 10.11.2012 (Annexure P-1) under Sections 420 and 120-B of Indian Penal Code (for short 'IPC'), (Section 409 IPC added later on) registered at Police Station Jodhewal, Ludhiana City, and all other consequential proceedings arising therefrom.
I have heard learned counsel for the parties and have gone
through the record.
It has been stated by learned counsel for the petitioners that
Mehta Sachin 2013.10.29 11:13 I attest to the accuracy and integrity of this document CHANDIGARH
CRM M-11372 of 2013
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during the pendency of this petition, dispute has since been settled and the entire amount has been paid to respondent No.2.
Respondent No.2 – complainant also appeared in person with his counsel and stated that he has received the entire amount and he is having no objection if the FIR and consequential proceedings are quashed.
In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab , 2007(3) RCR (Crl.) 1052 .
Dispute was primarily civil in nature which has since been settled. Hence, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 278 dated 10.11.2012 (Annexure P-1) under Sections 420 and 120-B of IPC, (Section 409 IPC added later on) registered at Police Station Jodhewal, Ludhiana City alongwith all consequential proceedings qua petitioners Mukesh Jain and Anju Jain is, hereby, quashed.
( RAM CHAND GUPTA ) October 25, 2013. JUDGE Sachin M.
Mehta Sachin 2013.10.29 11:13 I attest to the accuracy and integrity of this document CHANDIGARH
1 issue framed by the court
Whether the FIR under Sections 420 and 120-B IPC can be quashed due to settlement of the civil dispute.
Colour shows how this judgement treated each authority
Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052Relied on¶25
3 provisions across 2 enactments
Mukesh Jain and another
State of Punjab and another
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
