Crl.Misc.No.M-4162 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.Misc.No.M-4162 of 2009
Date of Decision: 4.3.2009
State of Punjab .....Petitioner
Vs.
Pal Singh and others ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
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Present : Mr.C.S. Brar, DAG, Punjab for the petitioner.
….
RAJIVE BHALLA, J
The present petition has been placed before this Court, pursuant
to a communication forwarded by the Sessions Judge, Rup Nagar that as the
accused and the complainant have arrived at a compromise of their dispute
during a Lok Adalat, the FIR No.152 dated 30.9.2007, registered under
Sections 326,324,323,,148,149 of the Indian Penal Code at Police Station,
Morinda be quashed.
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.
I have perused the file, the application filed by the accused Pal
Singh, Mita Singh, Gurjant Singh, Gursewak Singh, Mohinder Singh and
Bahadur Singh and the statement recorded by the complainant Gurinder
Singh, injured Gurnetar Singh and the eye witness Ranjit Singh before the
Crl.Misc.No.M-4162 of 2009 2
Lok Adalat.
The complainant has deposed in his statement, before the Lok
Adalat that as parties have entered into a compromise with the intervention
of respectables of the village, he does not want to proceed with the case and
has no objection, if the FIR is quashed.
In view of the compromise, the witnesses are not likely to
support the prosecution. The trial, therefore, would, in my opinion, be an
exercise in futility and an unnecessary 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 the facts narrated herein above and as the prayer for
quashing of the FIR is based upon a bonafide settlement and does not suffer
from any legal impediment, the present petition is allowed and FIR No.152
dated 30.9.2007 registered under Sections 326,324,323,148,149 of the
Indian Penal Code at Police Station, Morinda, is quashed.
A copy of this order be forwarded to the Sessions Judge, Rup
Nagar and the Additional Chief Judicial Magistrate, Rup Nagar.
4.3.2009 (RAJIVE BHALLA) GS JUDGE