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Kashmir Singh And Others vs State Of Punjab And Another on 4 March, 2009

Punjab-Haryana High Court
Kashmir Singh And Others vs State Of Punjab And Another on 4 March, 2009
Crl.Misc.No.M-31526 of 2008                                           1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH.


                                      Crl.Misc.No.M-31526 of 2008
                                      Date of Decision: 4.3.2009

Kashmir Singh and others                                .....Petitioners
                               Vs.

State of Punjab and another                             ....Respondents
                               ....
CORAM :     HON'BLE MR.JUSTICE RAJIVE BHALLA

                               ****

Present : Mr. Amit Dhawan, Advocate for the petitioners.

Mr. C.S. Brar, DAG, Punjab for respondent no.1.

Mr. Ashok Khichi, 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 FIR No.64 dated 16.5.2006,

registered under Sections 420,467,468,471,120-B IPC, at Police Station

Kotwali, Distt. Kapurthala, on the basis of a compromise.

Counsel for the petitioners and counsel for the complainant

(respondent no.2) pray that in view of the compromise deed dated 17.9.2008

(Annexure P-2), parties have resolved their differences, therefore, the FIR

and all subsequent proceedings emanating therefrom be quashed. It is

further submitted that in furtherance to the aforementioned compromise, the

complainant Phuman Singh has filed an affidavit, acknowledging the

correctness of the compromise and accepting that he has no objection, if the

FIR is quashed.

The complainant, who had put in appearance on 28.1.2009

accepted the correctness of the assertions put forth by counsel for the
Crl.Misc.No.M-31526 of 2008 2

petitioners and acknowledges the compromise dated 17.9.2008 (Annexure

P-2) and the affidavit dated 20.11.2008 (Annexure P-3) duly sworn by him.

Counsel for the State of Punjab submits that as parties have

entered into a compromise, the State does not oppose the prayer for

quashing of the FIR and subsequent proceedings arising therefrom.

I have heard learned counsel for the parties, perused the

compromise and the affidavit filed by the complainant and am satisfied that

the petitioners and the complainant have arrived at a bonafide settlement of

their disputes without any fraud, coercion or undue influence. A

compromise or a settlement, serves the immediate purpose of the parties as

it enables them to proceed with their lives without illwill or rancour and .

live in peace and harmony. In view of the compromise, the prosecution

witnesses are not likely to support the prosecution leading to wastage of

valuable Court time. In Kulwinder Singh V. State of Punjab and

another, 2007(3) RCR (Crl.) 1052, a Full Bench of this Court has held

that, in the exercise of powers under Section 482 of the Code of Criminal

Procedure, this Court may in appropriate cases, quash an FIR disclosing the

commission of non compoundable offences.

In view of what has been stated herein above, as the prayer for

quashing of the FIR and all subsequent proceedings emanating therefrom

does not suffer from any legal impediment, the present petition is allowed

and the FIR No.64 dated 16.5.2006, registered under Sections

420,467,468,471,120-B IPC, at Police Station Kotwali, Distt. Kapurthala, is

quashed.

4.3.2009                                         (RAJIVE BHALLA)
GS                                                    JUDGE
 

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