Punjab-Haryana High Court
Amandeep Kumar Chopra vs The State Of Punjab And Another on 4 December, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-37825 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-37825 of 2013 (O&M)
Date of Decision: December 04, 2013.
Amandeep Kumar Chopra
.......PETITIONER(s).
VERSUS
The State of Punjab and another
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Harminder Singh, Advocate
for the petitioner (s).
Mr. Deepak Garg, A.A.G., Punjab.
Mr. J.S. Parmar, Advocate
for respondent No.2.
*******
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.112 dated 23.7.2013 (Annexure P-1) under Section 295-A of Indian Penal Code and 66-A of Information and Technology Act, 2000 registered at Police Station Division No.4, Jalandhar and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties.
I have heard learned counsel for the parties and have gone through the record.
It has been stated by learned counsel for the petitioner that Mehta Sachin 2013.12.05 11:36 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-37825 of 2013 -2- case is still at the stage of investigation and that dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.
As per direction of this Court, both the parties appeared before learned Illaqa Magistrate and got their statements recorded. Report has been received from learned Illaqa Magistrate alongwith statements of the parties to the effect that the compromise is voluntary one without any pressure.
In appropriate cases FIR can be quashed on the basis of compromise by exercising power under Section 482 Cr.P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh v. State of Punjab, 2007(3) RCR (Crl.) 1052.
In the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 112 dated 23.7.2013 (Annexure P-1) under Section 295-A of Indian Penal Code and 66-A of Information and Technology Act, 2000 registered at Police Station Division No.4, Jalandhar alongwith all consequential proceedings qua petitioner Amandeep Kumar Chopra is, hereby, quashed.
( RAM CHAND GUPTA ) December 04, 2013. JUDGE Sachin M. Mehta Sachin 2013.12.05 11:36 I attest to the accuracy and integrity of this document CHANDIGARH