Crl. Misc. No. M-26329 of 2009 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-26329 of 2009 (O&M)
Date of Decision : September 23, 2009
Daljit Singh and others .... Petitioners
Vs.
State of Punjab and another .... Respondents
CORAM : HON’BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. S. S. Majithia, Advocate
for the petitioners.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab
for respondent no. 1.
Mr. Jatinder Singh, Advocate
for Mr. Rana Partap Singh, Advocate
for applicant-respondent no. 2.
* * *
L. N. MITTAL, J. (Oral) :
Crl. Misc. No. 48362 of 2009 :
Application is allowed and reply by way of affidavit of
respondent no.2 is taken on record, subject to all just exceptions.
Main Case :
Daljit Singh and five others have filed this petition under
Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for
quashing of FIR No.28 dated 07.02.1998, under Sections 420, 467, 471,
452, 427, 380, 506 of the Indian Penal Code (in short – IPC), registered at
Crl. Misc. No. M-26329 of 2009 (O&M) 2
Police Station Civil Lines, District Amritsar (Annexure P-1), in view of
compromise (Annexure P-2) effected with complainant-respondent no.2.
Respondent no. 2 in his reply affidavit has stated that parties
have effected compromise with the intervention of respectables and
therefore, respondent no.2 has no objection to the quashing of FIR. Learned
counsel for respondent no.2, on instructions from respondent no.2, who is
also present in person in the Court, states that parties have effected
compromise Annexure P-2 and therefore, respondent no.2 has no objection
to the quashing of FIR.
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 has been so held by a Full Bench of this
Court in case of Kulwinder Singh vs. State of Punjab reported as 2007
(3) Law Herald (Punjab and Haryana) 2225.
In the instant case, complainant-respondent no.2 is real brother
of petitioner no.4, whereas other petitioners are companions of petitioner
no.4. Various civil and criminal cases were pending between the parties and
the same have been compromised. The dispute regarding property/share in
land has also been settled. Accordingly, it is a fit case in which FIR should
be quashed, so that the parties may live in peace and harmony and entire
litigation between them may come to an end.
In view of the aforesaid, the instant petition is allowed and
impugned FIR No. No.28 dated 07.02.1998, under Sections 420, 467, 471,
452, 427, 380, 506 IPC, registered at Police Station Civil Lines, District
Amritsar (Annexure P-1) is quashed, along with all consequential
proceedings arising therefrom.
September 23, 2009 ( L. N. MITTAL ) monika JUDGE