Allowed

Rakesh Kumar and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC20 May 2013CRM-M/13859/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR involving offences under Sections 323, 324, 427, 148, and 149 IPC following a compromise between the accused and the complainant, citing precedent that compoundable offences can be quashed even if non-compoundable to restore harmony.

What did the court decide?

Impugned FIR No.158 dated 23.10.2011 and all consequential proceedings arising therefrom are quashed.

Rakesh Kumar and Ors. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRL. MISC. No.M-13859 OF 2013 DATE OF DECISION : 20th MAY, 2013

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Rakesh Kumar & others

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…. Petitioners

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Versus

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State of Punjab & another

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…. Respondents

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

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Present : Mr. Ritesh Pandey, Advocate for the petitioners.

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Mr. Rupam Aggarwal, Deputy Advocate General, Punjab for respondent No.1.

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Mr. Parveen Kumar Garg, Advocate for respondent No.2complainant.

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L. N. MITTAL, J. (ORAL)

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Accused- Rakesh Kumar and three others have filed this petition under Section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for quashing FIR No.158 dated 23.10.2011 (Annexure P-1) registered under Sections 323, 324, 427, 148, 149 IPC at Police Station City Balata, Police District Balata, in view of compromise (Annexure P-2) effected with respondent No.2-complainant.

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Reply affidavit on behalf of respondent No.2, filed today in Court, is taken on record, subject to all just exceptions.

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CRL. MISC. No.M-13859 OF 2013

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-2-

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

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Counsel for respondent No.2, on instructions from respondent No.2-complainant, said to be present in person in Court, stated that the 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 by this Court on the basis of compromise by exercising inherent 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 Vs. State of Punjab 2007 (3)

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Law Herald (Punjab & Haryana) 2225.

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In the instant case, parties are residents of the same town. They

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have effected compromise with intervention of respectables and friends. Grievance of respondent No.2-complainant has been redressed. Accordingly, it is a fit case in which the impugned FIR should be quashed so that the parties may live in peace and harmony.

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Resultantly, instant petition is allowed and impugned FIR Annexure P-1 is quashed along with all consequential proceedings arising therefrom.

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20^th May, 2013 ‘raj’

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(L. N. MITTAL) JUDGE

Rakesh Kumar and Ors. v. State of Punjab and Ors.

Case brief

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Rakesh Kumar and Ors. v. State of Punjab and Ors.

Case brief

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