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
