Criminal Misc. No.M-31513 of 2008 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No.M-31513 of 2008
Date of Order: 05.02.2009
Gurmej Singh and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA
Present: Mr. H. S. Saini, Advocate
for the petitioners.
Mr. C. S. Brar, DAG, Punjab.
Mr. J. S. Toor, Advocate
for respondent No.2.
RAJIVE BHALLA, J (Oral).
Prayer in this petition filed under Section 482 of the Code of
Criminal Procedure, is for quashing of the F.I.R. No.144, dated 10.7.2008,
registered under Sections 452, 324, 323, 427, 506, 148, 149 IPC at Police
Station Model Town Hoshiarpur, District Hoshiarpur, on the basis of a
compromise.
Counsel for the petitioners as also counsel for respondent No.2
(complainant) pray that in view of the affidavit of Kamlesh Devi
(complainant) dated 23.1.2009 and the compromise deed dated
26.11.2008 (Annexure P-2), parties have resolved their disputes as the
petitioners have vacated the premises belonging to respondent No.2. It is,
therefore, prayed that the F.I.R. and all subsequent proceedings emanating
there from be quashed.
The complainant Smt. Kamlesh Devi, who is present in Court and
has been duly identified by her counsel reiterates the contents of her
affidavit dated 23.1.2009 and the compromise deed dated 26.11.2008.
Criminal Misc. No.M-31513 of 2008 -2-
Counsel for the petitioners has filed in Court today the original compromise
deed duly signed by the petitioners and respondent No.2. Counsel for the
State of Punjab submits that he has no objection, if the FIR and all
subsequent proceedings emanating therefrom are quashed.
I have heard counsel for the parties, perused the compromise
deed as also the affidavit filed by respondent No.2 (complainant).
As is apparent from the contents of the FIR, a dispute between a
landlord and his tenant led to the registration of the FIR. Petitioners No.1
and 2 (the tenants) have vacated the premises. Parties have thereafter
resolved their dispute and agreed to the quashing of the present FIR. As
held by a Full Bench of this Court in Kulwinder Singh v. State of Punjab
and another, 2007(3) RCR (Criminal) 1052, this Court may, in the
exercise of powers under Section 482 of the Code of Criminal Procedure
quash an FIR disclosing the commission of non-compoundable offences.
In view of the compromise arrived at between the parties, and the
fact that the prosecuting agency has no objection, the present petition is
allowed, the F.I.R. No.144, dated 10.7.2008, registered under Sections
452, 324, 323, 427, 506, 148, 149 IPC at Police Station Model Town
Hoshiarpur, District Hoshiarpur and all subsequent proceedings emanating
there from are quashed.
February 05, 2009 (RAJIVE BHALLA) nt JUDGE