Allowed

Deepak Bhatia v. State of Punjab and Anr.

Punjab & Haryana HC27 Sept 2013CRM-M/15914/2013

Case brief

AI extract

What is this about?

Petitioner filed a PIL under Section 482 Cr.P.C. seeking quashing of an FIR. The Court held that since the dispute was settled regarding the petitioner and a genuine compromise existed, exercising powers under Section 482 in the interest of harmonious relations, the FIR and all consequential proceedings against the petitioner were quashed.

What did the court decide?

FIR No. 202 dated 30.10.2012 and all consequential proceedings against the petitioner Deepak Bhatia are hereby quashed.

Deepak Bhatia Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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CRM No.M-15914 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 15914 of 2013(O&M) Date of Decision: September 27, 2013.

Deepak Bhatia

...... PETITIONER(s)

Versus

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. O.P.Arora, Advocate, for the petitioner.

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Mr. Ashish Sanghi, DAG, Punjab.

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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.202 dated 30.10.2012, under Sections 420/120B IPC, registered at police station City Kharar, SAS Nagar, District Mohali, Annexure P1, and all other consequential proceedings arising therefrom qua petitioner -Deepak Bhatia on the basis of compromise, Annexure P2, having been entered between the parties.

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I have heard learned counsel for the parties and have gone through the record.

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Singh Omkar 2013.09.27 18:00 I attest to the accuracy and integrity of this document High Court, Chandigarh

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CRM No.M-15914 of 2013

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It has been contended by learned counsel for the petitioner that dispute has since been settled with respondent no.2/complainant.

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As per direction of this Court, both the parties appeared before learned trial court and got their statements recorded.

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Report has been received from learned trial court to the effect that compromise qua present petitioner is genuine one and however, claim of complainant qua other accused, Charanjit Singh is still subsisting.

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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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Since the dispute has been amicably settled qua petitioner, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR no. 202 dated 30.10.2012, under Sections 420/120B IPC, registered at police station City Kharar, SAS Nagar, District Mohali, Annexure P1 alongwith all consequential proceedings qua petitioner –Deepak Bhatia is, hereby, quashed.

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September 27, 2013. ‘om’

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( RAM CHAND GUPTA ) JUDGE

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Singh Omkar 2013.09.27 18:00 I attest to the accuracy and integrity of this document High Court, Chandigarh

Deepak Bhatia v. State of Punjab and Anr.

Case brief

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Deepak Bhatia v. State of Punjab and Anr.

Case brief

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