Allowed

Paramjit Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC15 Dec 2015CRM-M/18888/2015

Case brief

AI extract

What is this about?

Single Judge quashed an FIR under Sections 420, 465, 467, 468, 471, 120-B IPC based on a compromise between parties, relying on Supreme Court precedents regarding the inherent power to quash in appropriate cases to secure ends of justice.

What did the court decide?

FIR no.187 dated 17.12.2009 and all consequential proceedings under Sections 420, 465, 467, 468, 471, 120-B IPC quashed.

Paramjit Singh and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2015)

CRM-M 18888/2015

113

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision:15.12.2015

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Paramjit Singh and another

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.............Petitioners

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State of Punjab and another

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Vikrant Grewal,Advocate for the petitioners

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Mr.Kirat Singh Sidhu,DAG Punjab

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Jaswant Singh,J.(Oral)

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Prayer under Section 482 Cr.PC is for quashing of FIR no.187 dated 17.12.2009 under Sections 420,465,467,468,471,120-B IPC, PS City Ropar,Distt.Ropar with all consequential proceedings arising therefrom on the basis of compromise dated 6.7.2013 (P-2) arrived at between the parties.

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Vide order dated 12.10.2015 parties were directed to get their statements recorded regarding genuineness of the compromise.

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Now learned CJM,Rupnagar has sent copies of statements of the parties (taken on record as Mark-A) vide letter dated 27.11.2015. From the statement of complainant Bhupinder Kaur it is apparent that the compromise has been effected with the accused petitioners with her own sweet will without any pressure, coercion or undue influence fromRAJINDER PRASHAD JOSHI 2015.12.15 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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any party.

Learned State counsel on instructions from HC Surinder Singh states that the case is at the initial stage of prosecution evidence.

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The dispute herein relates to forged and fabricated agreement to sell dated 11.12.2007 allegedly executed by husband of the complainant in favour of petitioner no.1-Paramjit Singh.

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Hon'ble Supreme Court in (2003)4 SCC 675, B.S.Joshi

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and others v State of Haryana and another has made it explicitly clear in para 15 of its judgment that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or effect the powers under Section 482 of the Code.

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A Full Bench of this Court in Kulwinder Singh and others v State of Punjab and another, 2007(3)RCR(Criminal) 1052 has

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held that this Court, in appropriate cases, while exercising powers under Section 482 Cr.P.C., may quash an FIR disclosing the commission of non-compoundable offences. The relevant extract reads as under:-

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“The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C., which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court

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has the wide power to quash the proceedings even in

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RAJINDER PRASHAD JOSHI 2015.12.15 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.”

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Hon'ble Apex Court in another case in J.T.2008(9) SC 192

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Nikhil Merchant v Central Bureau of Investigation and Another

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while relying upon its decision in B.S.Joshi' s case (supra) has also held that in view of the compromise arrived at between the parties, the technicalities should not be allowed to stand in the way in the quashing of criminal proceedings and the continuance of the same after compromise between the parties would be a futile exercise.

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Similar views were expressed by Hon'ble the Apex Court in

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Madan Mohan Abot v State of Punjab, 2008(4) SCC 582 , the relevant extract of which is as under:-

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“We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense

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approach to the matter based on ground of realities

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RAJINDER PRASHAD JOSHI 2015.12.15 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

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CRM-M 18888/2015 4

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113

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and bereft of the technicalities of the law.”

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Keeping in view the above settled legal position and taking into account the fact that both the parties have desired to live in peace and harmony and carry on with their lives without any ill will or rancour by resolving their differences and entering into the aforesaid compromise, it is evident that it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C., for quashing of the FIR in the interest of justice.

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Accordingly, the present petition is allowed and FIR no.187 dated 17.12.2009 under Sections 420,465,467,468,471,120-B IPC, PS City Ropar,Distt.Ropar with all consequential proceedings arising therefrom, are quashed.

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15.12.2015. joshi

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(Jaswant Singh) Judge

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RAJINDER PRASHAD JOSHI 2015.12.15 16:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Paramjit Singh and Anr. v. State of Punjab and Anr.

Case brief

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Paramjit Singh and Anr. v. State of Punjab and Anr.

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