Allowed

Sunil Kumar and Others v. State of Punjab and Another

Punjab & Haryana HC21 Mar 2017CRM-M/2442/2017

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a petition under Section 482 Cr.P.C. to quash an FIR registered for theft under Section 381 IPC. The court held that since a voluntary compromise was reached and verified by the trial court, the matter was fit for quashing to preserve amicable relations.

What did the court decide?

FIR No. 6 dated 07.01.2017 registered under Section 381 IPC and all consequential proceedings qua petitioners are quashed.

Sunil Kumar and Others Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2017)

¶1

CRM-M No. 2442 of 2017

¶2

-1-

¶3

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶4

CRM-M-2442 of 2017 (O&M) Date of decision: 21.03.2017

¶5

Sunil Kumar and others

¶6

.. Petitioners

¶7

Versus

¶8

State of Punjab and another .. Respondents

¶9

CORAM: HON'BLE MR. JUSTICE SURINDER GUPTA

¶10

Present: None for the petitioners.

¶11

Mr. Ashish Sanghi, DAG, Punjab.

¶12

SURINDER GUPTA, J.(Oral)

¶13

The petitioners have filed this petition under Section 482 Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of FIR No.6 dated 07.01.2017 (Annexure P-1) along with all consequential proceedings arising therefrom, registered for offence punishable under Section 381 Indian Penal Code (for short 'IPC') at Police Station City Kharar, District SAS Nagar, Mohali, on the basis of compromise dated 09.01.2017 (Annexure P-2).

¶14

As per case of the prosecution, petitioners were employees of complainant in his factory at Anaj Mandi, Kharar and committed theft of 17 bags of 'khal' on 30.12.2016. The complainant suspected that petitioners had also been committing theft of ' khal' in the last 8-9 months and around 1000 bags of khal had been stolen from his factory .

¶15

Learned counsel for the petitioners submits that the matter has since been settled vide compromise dated 09.01.2017, copy of which has been placed on file as Annexure P-2.

¶16

Learned State counsel has also not disputed compromise (Annexure P-2).

¶17

Jitender Kumar 2017.03.24 18:01 I attest to the accuracy and integrity of this document CHANDIGARH

¶18

CRM-M No. 2442 of 2017

¶19

-2-

¶20

In order to verify the veracity and genuineness of the settlement between the parties, they were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 28.02.2017 stating therein that the compromise has been effected between the complainant and the accused which appears to be voluntary in nature and without any coercion.

¶21

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 to this petition an opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties but also for their families and ultimately the society at large.

¶22

For the reasons as discussed above, the instant petition is allowed and FIR No. 6 dated 07.01.2017 (Annexure P-1), registered for offence punishable under Section 381 IPC at Police Station City Kharar, District SAS Nagar, Mohali, along with all consequential proceedings arising therefrom, qua petitioners, is quashed.

¶23

March 21, 2017 (SURINDER GUPTA) jk JUDGE

¶24

Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No

¶25

Jitender Kumar 2017.03.24 18:01 I attest to the accuracy and integrity of this document CHANDIGARH

Sunil Kumar and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar and Others v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jatinder Singh Vs State of Punjab

Jarnail Singh and Others Vs State of Punjab and Others

Shubash Singh Katal Vs State of Punjab and Ors.

Sunita Vs State of Haryana

Gurmail Singh @ Gaily Vs State of Punjab

Rommy Vs State of Punjab