Allowed

Suresh Kumar @ Bablu & Ors. v. State of Haryana & Anr.

Punjab & Haryana HC25 Sept 2013CRM-M/19914/2013

Case brief

AI extract

What is this about?

Allowing a petition under Section 482 Cr.P.C., the Court quashed an FIR and consequential proceedings registered for non-compoundable offences arising from a civil dispute that was amicably settled via a compromise affidavit filed by both parties.

What did the court decide?

Impugned FIR No. 946 dated 26.10.2010 under Sections 447, 511, 323, 506 and 420 IPC and all consequential proceedings against the petitioners are hereby quashed.

Suresh Kumar @ Bablu & Ors. Vs State of Haryana… — Quashing and FIR | Punjab & Haryana HC (2013)

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CRM M-19914 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-19914 of 2013 (O&M) Date of Decision: September 25, 2013.

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Suresh Kumar @ Bablu and others

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

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VERSUS

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State of Haryana 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. Parminder Singh, Advocate for the petitioner (s).

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Mr. Raja Sharma, A.A.G. Haryana.

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Respondent No.2 in person with Mr. IPS Mangat, Advocate.

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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.946 dated 26.10.2010 (Annexure P-1) under Sections 447, 511, 323, 506 and 420 of Indian Penal Code, registered at Police Station Karnal City, District Karnal 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 through the record.

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It has been stated by learned counsel for the petitioners that present FIR was registered on account of civil dispute regarding

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Mehta Sachin 2013.09.26 10:57 I attest to the accuracy and integrity of this document CHANDIGARH

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CRM M-19914 of 2013

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possession of a plot and the same has since been settled vide compromise Annexure P-2.

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Respondent No.2 – complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stated that he is having no objection if the FIR and consequential proceedings are quashed.

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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 parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 946 dated 26.10.2010 (Annexure P-1) under Sections 447, 511, 323, 506 and 420 of Indian Penal Code, registered at Police Station Karnal City, District Karnal alongwith all consequential proceedings qua petitioners Suresh Kumar @ Bablu, Ashok Kumar, Naresh Kumar, Monti and Kalu @ Ashish Sharma is, hereby, quashed.

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( RAM CHAND GUPTA ) September 25, 2013. JUDGE Sachin M.

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Mehta Sachin 2013.09.26 10:57 I attest to the accuracy and integrity of this document CHANDIGARH

Suresh Kumar @ Bablu & Ors. v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

Suresh Kumar @ Bablu & Ors. v. State of Haryana & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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