Punjab-Haryana High Court
Sarwan And Others vs State Of Punjab And Another on 17 December, 2009
Author: Rajive Bhalla
Bench: Rajive Bhalla
Crl.Misc.No.M-28459 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.Misc.No.M-28459 of 2009
Date of Decision: 17.12.2009
Sarwan and others .....Petitioners
Vs.
State of Punjab and another ....Respondents
....
CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA
****
Present : Ms. Sunint Kaur, Advocate for the petitioners.
Mr. C.S. Brar, DAG, Punjab for respondent no.1.
....
RAJIVE BHALLA, J (Oral)
Prayer in this petition is for quashing of FIR No.39 dated 20.8.2001, registered under Sections 323,324,427,379,148,149 IPC at Police Station Nurpur Bedi, Distt. Ropar.
Counsel for the petitioners submits the petitioners and respondent no.2, the complainant have resolved their differences by way of a written compromise dated 9.9.2009 (Annexure P-2). Om Parkash s/o Ram Kishan, the injured has no objection, if the FIR is quashed. It is prayed that in view of these facts, the FIR and all subsequent proceedings emanating therefrom be quashed.
The complainant Goverdhan Lal S/o Seeta Ram, is present in court. He acknowledges the correctness of the compromise and states that he has no objection, if the FIR and all subsequent proceedings emanating Crl.Misc.No.M-28459 of 2009 2 therefrom are quashed, the petition should be allowed.
Om Parkash S/o Ram Kishan, resident of Kartarpur, P.S. Nurpur Bedi, Distt. Ropar, the injured is also present in court and has been duly identified by the complainant, Sh.Goverdhan Lal. He has filed an affidavit dated 17.12.2009, deposing therein that he has no objection, if the FIR is quashed in view of the settlement between the parties. The affidavit is taken on record and is assigned Mark `A'.
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 all subsequent proceedings emanating therefrom.
I have heard learned counsel for the parties, perused the FIR, the compromise dated 9.9.2009 (Annexure P-2) considered the statements made by the complainant and the injured, the affidavit filed by Om Parkash S/o Ram Kishan dated 17.12.2009 and the affidavit filed by Goverdhan Lal s/o Seeta Ram,respondent no.2 dated 2.12.2009. The petitioners, the complainant and the injured have resolved their differences amicably by way of a bonafide compromise, free from any fraud, coercion or undue influence. The complainant and the injured have no objection to the quashing of the FIR.
A compromise or a settlement, serves the immediate purpose of parties as it enables them to proceed with their lives without illwill or rancour. In view of the compromise, the witnesses are not likely to support the prosecution. To permit the prosecution to proceed further would, in my considered opinion be an exercise in futility, an unnecessary wastage of public money and valuable court time. A Full Bench of this Court in Kulwinder Singh and others V. State of Punjab and another, 2007(3) Crl.Misc.No.M-28459 of 2009 3 RCR (Crl.) 1052, 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.39 dated 20.8.2001, registered under Sections 323,324,427,379,148,149 IPC, at Police Station Nurpur Bedi, Distt. Ropar, and all subsequent proceedings arising therefrom are quashed.
17.12.2009 (RAJIVE BHALLA) GS JUDGE