High Court quashed an FIR and consequential proceedings against petitioners and respondents Registerd on compromise between neighbouring parties relying on Kulwinder Singh precedent.
FIR No. 274 dated 09.04.2013 under Sections 148, 149, 323, 452, 506 and 307 IPC and all consequential proceedings against 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-13279 of 2013
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-13279 of 2013 (O&M) Date of Decision: May 23, 2013.
Subhash Chand and others
.......PETITIONER(s).
VERSUS
State of Haryana and others
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Vikram Singh, Advocate for the petitioner (s).
Mr. Raja Sharma, A.A.G. Haryana.
Respondents No.2 and 3 in person with Mr. Ashish Gupta, 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.274 dated 09.04.2013 (Annexure P-1) under Sections 148, 149, 323, 452, 506 and 307 of Indian Penal Code, registered at Police Station Civil Lines, Karnal and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties.
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 both the parties are neighbours and dispute between them has since been
CRM M-13279 of 2013
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settled due to intervention of respectable persons and relatives from both the sides. It is further contended that petitioners are on bail and case is still pending before learned trial Court.
This factual position has not been disputed by learned counsel for respondent No.1-State.
Respondents No.2 and 3 also appeared in person with their counsel and filed short reply by way of affidavits admitting the factum of compromise and stated that they are 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 .
In the interest of harmonious relations between the parties, who are neighbours, the present petition is allowed and the impugned FIR No. 274 dated 09.04.2013 (Annexure P-1) under Sections 148, 149, 323, 452, 506 and 307 of Indian Penal Code, registered at Police Station Civil Lines, Karnal alongwith all consequential proceedings qua petitioners Subhash Chand, Ravinder, Rohtash Kanwar and Ram Niwas is, hereby, quashed.
( RAM CHAND GUPTA ) May 23, 2013. JUDGE Sachin M.
2 issues framed by the court
Whether FIR can be quashed on the basis of compromise even if offences are not compoundable under Section 482 Cr.P.C.
Whether the petition for quashing FIR registered between neighbours should be allowed in the interest of harmonious relations.
Colour shows how this judgement treated each authority
Kulwinder Singh v. State of PunjabFollowed¶24
2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Subhash Chand and others
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
