Punjab-Haryana High Court
Surinder Kumar Kakkar And Another vs State Of Haryana And Another on 24 July, 2014
Author: Rajan Gupta
Bench: Rajan Gupta
CRM-M-43078-2013 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CRM-M-43078 of 2013 (O&M)
Date of decision: July 24, 2014
Surinder Kumar Kakkar and another ...Petitioners
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Surinder Gandhi, Advocate for the petitioners.
Mr. Amit Kumar, DAG, Haryana.
Mr. Akshay Jain, Advocate for respondent No.2.
Rajan Gupta, J.
This is a petition under section 482 Cr.P.C. seeking quashing of FIR No.182 dated 17.3.2012, registered against the petitioners under Sections 436 and 202 IPC at Police Station City Rohtak.
FIR was lodged by one Anil Bansal alleging that during the night of 15.3.2012, there was a major fire in his shop situated near Fly Over, Hisar Road, Rohtak. Within few minutes the fire engulfed the entire shop and spare parts worth Rs.60.00 lacs were destroyed. Besides, documents pertaining to income-tax, sales-tax, bill-book, bank etc. were also reduced to ashes. Some cash was also burnt. On complaint of Anil Bansal, police registered FIR under sections 436 and 202 IPC. After investigation it came to the conclusion that petitioners were guilty of the crime. They, thereafter filed instant petition before this court seeking Singh Rajpal 2014.07.25 10:25 I attest to the accuracy and integrity of this document Chandigarh CRM-M-43078-2013 2 quashing of FIR on the basis of compromise.
In view of order dated 21.12.2013, passed by a coordinate bench, report has been received from Sessions Judge, Rohtak, according to which there has actually been a compromise between the parties. Learned State counsel, however, submits that the incident was serious in nature. Prosecution has already examined 11 witnesses out of 17, cited by it. I am of the considered view that FIR of this nature cannot be quashed on the basis of compromise. Once the shop was set on fire, it could have endangered life of other persons and adjoining shops, if any. It is on record that fire had to be controlled by a fire brigade engine. In the affidavit filed by Deputy Superintendent of Police, City Rohtak, it has been specifically mentioned that sufficient evidence is available against the petitioners regarding commission of crime. Besides, eleven prosecution witnesses have already been examined. Thus, no case for quashing of FIR on the basis of compromise is made out. Ratio of judgment in Kulwinder Singh and others Vs. State of Punjab, 2007(3) RCR ( Crl.) 1052, relied upon by learned counsel for the petitioner, is not attracted when allegations are of such serious nature. There is no merit in the petition.
Dismissed.
Nothing said hereinabove shall, however, be construed as opinion on merits of the case.
(RAJAN GUPTA) JUDGE July 24, 2014 'rajpal' Singh Rajpal 2014.07.25 10:25 I attest to the accuracy and integrity of this document Chandigarh