The High Court quashed the criminal complaint under Section 482 Cr.P.C. relying on a post-conviction compromise for the compoundable offence of cheating. The prior conviction was set aside and the accused were acquitted.
Criminal complaint quashed; judgment dated 24.7.2012 set aside; accused acquitted.
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 & HARYANA AT CHANDIGARH
Crl. M. No. M- 11544 of 2013 (O&M) Date of decision : 29.5.2013
Gurdial Singh and others
................Petitioners
vs.
Joga Singh
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh. Vipin Mahajan, Advocate for the petitioners.
Sh. Dheeraj Mahajan, Advocate for the respondent.
K.C. Puri, J.
This is a petition under Section 482 Cr.P.C. for quashing criminal complaint No. 244 dated 30.7.2001, under Sections 420, 120-B IPC pending in the Court of Additional Sessions Judge, on the basis of compromise.
The report of the trial Court was called for. The report has been received in which it is mentioned that parties have arrived at a compromise.
The offence under Section 420 IPC is compoundable. The petitioners have been convicted vide judgment and order dated 24.7.2012 passed by Sh. Rachhpal Singh, PCS Judicial Magistrate Ist Class, Batala. However, the appeal against the said judgment is stated to be pending. This Court in authority reported as Ram Nath and others vs. State of Haryana 2009(5) RCR (Criminal) 553, allowed the compounding of the offence after conviction.
-2-
Crl. M. No. M- 11544 of 2013
Counsel for the complainant has also stated at the Bar that the matter has been compromised.
So, in these circumstances and in view of authority in Ram
Nath's case (Supra) , and in view of authority reported as Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the compromise stands allowed and the above said complaint stands quashed. The judgment and order dated 24.7.2012 (Annexure P-3) stands set aside and the accused stand acquitted.
( K.C. Puri ) 29.5.2013 Judge chugh
2 issues framed by the court
Whether criminal complaint under Sections 420, 120-B IPC can be quashed in light of compromise after conviction pending appeal?
Whether offence under Section 420 IPC being compoundable permits quash of complaint upon settlement?
Colour shows how this judgement treated each authority
Ram Nath and others vs. State of HaryanaRelied on¶14
Ram Nath and others vs. State of Haryana 2009(5) RCR (Criminal) 553
Kulwinder Singh and others vs. State of Punjab and othersRelied on¶19
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Gurdial Singh and others
Joga Singh
K.C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
