Allowed

Bhupinder Singh etc. v. State of Punjab and Anr.

Punjab & Haryana HC22 Oct 2013CRM-M/11663/2012

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash an FIR alleging cheating and forgery. The court held that the dispute was civil in nature, supported by a genuine compromise and a no-dues certificate from the bank, and exercised its inherent powers to quash the proceedings.

What did the court decide?

Impugned FIR No. 10 dated 10.2.2010 and all consequential proceedings are quashed.

Bhupinder Singh etc. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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CRM M-11663 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-11663 of 2012 (O&M) Date of Decision: October 22, 2013.

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Bhupinder Singh and others

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.......PETITIONER(s).

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VERSUS

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State of Punjab and another

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.....RESPONDENT(s).

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CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA

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Present: Mr. Rajeev Dev Sharma, Advocate for the petitioner (s).

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Mr. Ashish Sanghi, D.A.G., Punjab.

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Mr. Rajinder Kumar, Advocate for respondent No.2.

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RAM CHAND GUPTA, J.(Oral)

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.10 dated 10.2.2010 (Annexure P-1) under Sections 420, 467, 468, 471 of Indian Penal Code, registered at Police Station Shahpurkandi, District Gurdaspur (now District Pathankot) and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties.

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I have heard learned counsel for the parties and have gone

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through the record.

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It has been stated by learned counsel for the petitioners that

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Mehta Sachin 2013.10.23 10:36 I attest to the accuracy and integrity of this document CHANDIGARH

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CRM M-11663 of 2012

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dispute between the parties was civil in nature, which has since been settled.

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As per directions of this Court, both the parties appeared before learned trial Court and got their statements recorded. Learned trial Court has sent the report alongwith statements of the parties to the effect that the compromise is genuine one.

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No dues certificate Annexure P-5 has also been issued by the concerned bank mentioning that nothing was due from the party concerned in these accounts and the loan was already adjusted.

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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 .

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In the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 10 dated 10.2.2010 (Annexure P-1) under Sections 420, 467, 468, 471 of Indian Penal Code, registered at Police Station Shahpurkandi, District Gurdaspur (now District Pathankot) alongwith all consequential proceedings qua petitioners Bhupinder Singh, Rachhpal Kaur @ Rashpal Kaur and Sukhmeet Singh is, hereby, quashed.

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( RAM CHAND GUPTA ) October 22, 2013. JUDGE Sachin M.

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Mehta Sachin 2013.10.23 10:36 I attest to the accuracy and integrity of this document CHANDIGARH

Bhupinder Singh etc. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Bhupinder Singh etc. 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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