Punjab-Haryana High Court
Pal Singh @ Jaspal Singh And Others vs State Of Punjab And Others on 24 September, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-10909 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-10909 OF 2012 (O&M)
Date of Decision: September 24, 2012.
Pal Singh @ Jaspal Singh and others
.......PETITIONER(s).
VERSUS
State of Punjab and others.
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. P.K. Gupta, Advocate
for the petitioners.
Mr. Palwinder Singh, Sr. D.A.G., Punjab.
Ms. Priya Gupta, Advocate
for respondent No.2.
Respondent No.3 has since expired.
*******
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.321 dated 22.12.2007 (Annexure P-1) under Sections 452, 323, 325, 506 read with Section 34 of Indian Penal Code (for short 'IPC') (Section 325 IPC added later on), registered at Police Station Sahnewal, District Ludhiana and all CRM M-10909 of 2012 -2- 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 petitioners as well as by respondent No.2 that they belong to the same village and that dispute between them has since been settled due to intervention of respectable persons and relatives from both the sides.
Both the parties were also directed to appear before learned trial Court for getting their statements recorded and learned trial Court has sent report after recording statements of the parties that compromise effected between the parties is voluntary and without any fear or allurement.
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.
Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, who are residents of same village, the present petition is allowed and the impugned FIR No. 321 CRM M-10909 of 2012 -3- dated 22.12.2007 (Annexure P-1) under Sections 452, 323, 325, 506 read with Section 34 of Indian Penal Code (for short 'IPC') (Section 325 IPC added later on), registered at Police Station Sahnewal, District Ludhiana along with all consequential proceedings qua petitioners Pal Singh @ Jaspal Singh, Lakhvir Singh, Jagroop Singh and Mani @ Manjinder Singh is, hereby, quashed.
( RAM CHAND GUPTA ) September 24, 2012. JUDGE Sachin M.