Quashed

Moidur Rehman v. U.T. Chandigarh and Anr.

Punjab & Haryana HC23 Oct 2013CRM-M/23186/2013

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR under Section 482 Cr.P.C. alleging a genuine compromise between neighbouring parties. The Court allowed the petition, quashing the FIR and consequential proceedings in the interest of harmonious relations.

What did the court decide?

FIR No.160 dated 26.03.2013 under IPC Sections 363, 365 and 342 registered at Police Station Sector-34, Chandigarh, along with all consequential proceedings against the petitioner, is quashed.

Moidur Rehman Vs U.T. Chandigarh and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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CRM M-23186 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl. Misc. No. M-23186 of 2013 (O&M) Date of Decision: October 23, 2013.

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Moidur Rahman (wrongly mentioned as Abdul Rehman in the FIR)

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

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VERSUS

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U.T. Chandigarh 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. Saurabh Arora, Advocate for the petitioner (s).

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Mr. Anil Kumar Lambdhar, A.P.P. for respondent No.1-UT Chandigarh.

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Mr. Anshul Gupta, 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.160 dated 26.03.2013 (Annexure P-1) under Sections 363, 365 and 342 of Indian Penal Code, registered at Police Station Sector-34, Chandigarh, and all other consequential proceedings arising therefrom on the basis of compromise 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 both the parties that

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Mehta Sachin 2013.10.24 10:35 I attest to the accuracy and integrity of this document CHANDIGARH

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CRM M-23186 of 2013

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both the parties were neighbours and matter has since been settled due to intervention of respectable persons and relatives from both the sides.

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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, without any pressure or duress from any side.

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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

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(Crl.) 1052 .

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In the interest of harmonious relations between the parties, who are neighbours, the present petition is allowed and the impugned FIR No.160 dated 26.03.2013 (Annexure P-1) under Sections 363, 365 and 342 of Indian Penal Code, registered at Police Station Sector-34, Chandigarh, alongwith all consequential proceedings qua petitioner Moidur Rahman is, hereby, quashed.

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October 23, 2013. Sachin M.

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( RAM CHAND GUPTA ) JUDGE

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Mehta Sachin 2013.10.24 10:35 I attest to the accuracy and integrity of this document CHANDIGARH

Moidur Rehman v. U.T. Chandigarh and Anr.

Case brief

What is this about?

What did the court decide?

Moidur Rehman v. U.T. Chandigarh and Anr.

Case brief

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What the court decided

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