Full Bench order allows quashing of FIR and consequential proceedings between neighbours settled by compromise under Section 482 CrPC, relying on harmonious relations and citing Kulwinder Singh.
FIR No. 43 dated 18.04.2012 under Sections 323, 427 and 506 IPC and all consequential proceedings against petitioner Siddharth Balyan 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-28766 of 2013
- 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-28766 of 2013 (O&M) Date of Decision: October 21, 2013.
Siddharth Balyan
.......PETITIONER(s).
VERSUS
State of Haryana and another
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Aditya Jain, Advocate for the petitioner (s).
Mr. Raja Sharma, A.A.G. Haryana.
Respondent No.2 in person with Mr. Rishi Tondon, 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.43 dated 18.04.2012 (Annexure P-1) under Sections 323, 427 and 506 of Indian Penal Code, registered at Police Station Sector 55/56, Gurgaon District Gurgaon, 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 petitioner that parties are neighbours and that the present FIR is an outcome of dispute
Mehta Sachin 2013.10.22 11:00 I attest to the accuracy and integrity of this document CHANDIGARH
CRM M-28766 of 2013
- 2 -
between neighbours regarding parking of vehicle and the same has since been settled due to intervention of respectable persons and relatives from both the sides.
Respondent No.2 – complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is 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. 43 dated 18.04.2012 (Annexure P-1) under Sections 323, 427 and 506 of Indian Penal Code, registered at Police Station Sector 55/56, Gurgaon District Gurgaon alongwith all consequential proceedings qua petitioner Siddharth Balyan is, hereby, quashed.
( RAM CHAND GUPTA ) October 21, 2013. JUDGE Sachin M.
Mehta Sachin 2013.10.22 11:00 I attest to the accuracy and integrity of this document CHANDIGARH
2 issues framed by the court
Whether an FIR can be quashed on basis of compromise even if offences are not compoundable in criminal matters between neighbours.
Whether the dispute regarding vehicle parking settled by compromise warrants quashing of prosecution under Sections 323, 427 and 506 IPC.
Colour shows how this judgement treated each authority
Kulwinder Singh v. State of PunjabReferred¶24
Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Siddharth Balyan
State of Haryana
Mehta Sachin
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
