Allowed

Gurdarshan Singh v. State of Punjab & Anr.

Punjab & Haryana HC12 Feb 2014CRM-M/39936/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana quashed an FIR registered under Sections 279/337 IPC based on a voluntary compromise between the accused and the injured party, relying on prior Full Bench precedent that Section 482 Cr.P.C. allows quashing of non-compoundable offences in fit cases.

What did the court decide?

The impugned FIR No. 121 dated 20.9.2013 along with all consequential proceedings arising therefrom is quashed.

Gurdarshan Singh Vs State of Punjab… — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl. Misc. No. M-39936 of 2013 Date of decision: February 12, 2014

Gurdarshan Singh

.. Petitioner

Vs.

State of Punjab and another

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.. Respondents

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Coram: Hon'ble Mr. Justice Surinder Gupta

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Present: Mr. Naveen Batra, Advocate for the petitioner. Mr. Varun Sharma, AAG, Punjab. Mr. Abhinash Sarin, Advocate for respondent No.2.

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Surinder Gupta, J

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The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of the FIR No. 121 dated 20.9.2013 (Annexure P-1), registered for offence punishable under Sections 279/337 IPC at Police Station Nangal, District Rupnagar, on the basis of the compromise (Annexure P-2).

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As per case of the prosecution, on 13.9.2013 at about 7.00 p.m. the petitioner while driving motor cycle rashly and negligently, at a very high speed, struck against the complainant-respondent No.2 and caused injuries to him.

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Upon notice, Mr. Varun Sharma, Assistant Advocate General, Punjab has put in appearance on behalf of respondent No.1-State and Mr. Abhinash Sarin, Advocate has put in appearance on behalf of respondent No.2-complainant.

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I have heard learned counsel for the parties and perused the

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case file.

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The parties were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 30.1.2014 stating therein that the compromise has been effected in between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

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Kumar Deepak 2014.02.17 12:41 I attest to the accuracy and integrity of this document

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-2-

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Crl. Misc. No. M-39936 of 2013

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Learned counsel for the respondent No.2-complainant has submitted that in view of the compromise (Annexure P/2), the private respondent (complainant) has no objection if the impugned FIR (Annexure P/1) is quashed. Learned State counsel has also not disputed the compromise (Annexure P/2).

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The only obstacle in the way of accepting the compromise for quashing the impugned FIR is that the offence under Section 279 IPC is not compoundable. In case Kulwinder Singh vs. State of Punjab, 2007 (3) RCR (Crl.) 1052 , Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers under Section 482 Cr.P.C. even if the offence is not compoundable.

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In the instant case, the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony.

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Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties to this petition but also for their families and ultimately the society at large. The offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise.

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In view of the above discussion, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom is quashed.

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February 12, 2014 deepak

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(Surinder Gupta) Judge

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Kumar Deepak 2014.02.17 12:41 I attest to the accuracy and integrity of this document

Gurdarshan Singh v. State of Punjab & Anr.

Case brief

What is this about?

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Gurdarshan Singh v. State of Punjab & Anr.

Case brief

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