Punjab-Haryana High Court
Daman Pal Singh And Others vs State Of U.T. Chandigarh And Another on 22 August, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
CRM M-19760 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM M-19760 of 2012 (O&M)
Date of Decision: August 22, 2012
Daman Pal Singh and others
... Petitioners
Versus
State of U.T. Chandigarh and another.
... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers may be allowed to see the
judgment ?.
2) To be referred to the Reporters or not ?.
3) Whether the judgment should be reported in the Digest ?
Present: Mr.M.S.Gill, Advocate,
for the petitioners.
Mr. Rakesh Nagpal, Advocate,
for respondent No.1-U.T., Chandigarh
Mr. Kamaljeet Singh Mannat, Advocate,
for respondent No.2.
***
Paramjeet Singh, J. (Oral)
Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 176, dated 11.06.2012, under Sections 332, 353, 34 IPC, registered at Police Station Sector 17, Chandigarh on the basis of compromise dated 22.06.2012 (Annexure P/2).
Learned counsel for the petitioners has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another, 2004(2) RCR (Criminal) 443 to contend CRM M-19760 of 2012 2 that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non-compoundable offence.
Learned counsel for respondent No. 2, on instructions from Satwinder Singh-complainant, who is present in Court today, states that the complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for respondent no. 2 has also handed over an affidavit dated 22.08.2012 of respondent No. 2 to the above effect, which is taken on record.
Consequently, in view of compromise (Annexures P/2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429, by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur's case (supra) no useful purpose would be served in prolonging the litigation.
Present petition is allowed. FIR No. 176, dated 11.06.2012, under Sections 332, 353, 34 IPC, registered at Police Station Sector 17, Chandigarh, is hereby quashed and all the criminal CRM M-19760 of 2012 3 proceedings arising out of the said FIR also stand quashed.
August 22, 2012 [ Paramjeet Singh ] vkd Judge