IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-20982 of 2008
Date of decision : November 05, 2009
Ram Gopal
....Petitioner
versus
State of Punjab and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Shakun Chaudhary, Advocate for
Mr. L.M. Gulati, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
for respondent no. 1
Mr. PS Khurana, Advocate for respondent no. 2
L.N. Mittal, J. (Oral)
Ram Gopal has filed this petition under section 482 of Code of
Criminal Procedure (for short, Cr.P.C.) for quashing of FIR No. 170 dated
9.7.2008, under sections 419, 420, 467, 468, 471, 201, 120-B IPC, Police
Station Division No. 5, Ludhiana (Annexure P/1) lodged by respondent No.
2 Sudesh Kumar Sood.
Affidavit of respondent no. 2 complainant filed today in Court
along with copy of compromise is taken on record.
Learned counsel for respondent no. 2, on instructions from
respondent no. 2, who is also present in person in Court states that parties
have effected compromise dated 22.7.2009, copy Annexure-X placed today
on record and therefore, respondent no. 2 has no objection to the quashing
of the FIR. Affidavit of respondent no. 2 to the same effect has also been
filed today in Court.
Criminal Misc. No. M-20982 of 2008 -2-
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 vs State of Punjab, 2007 (3) Law Herald
(Punjab & Haryana) 2225.
In the instant case, the dispute was regarding the property of
brother of respondent no. 2. The said dispute has been amicably settled.
The petitioner has been compensated by paying him Rs 15 lacs. The
petitioner has given his claim of disputed property and will not claim any
right on the basis of alleged Will of the deceased brother of respondent no.
2. It is, accordingly, a fit case in which FIR should be quashed.
In view of the aforesaid, the instant petition is allowed and the
impugned FIR No. 170 dated 9.7.2008, under sections 419, 420, 467, 468,
471, 201, 120-B IPC, Police Station Division No. 5, Ludhiana (Annexure
P/1) is quashed along with all consequential proceedings arising therefrom.
( L.N. Mittal )
November 05, 2009 Judge
'dalbir'