Punjab-Haryana High Court
Dalbir Singh And Another vs Gurnam Singh on 27 January, 2014
Author: Surinder Gupta
Bench: Surinder Gupta
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-27791 of 2013
Date of decision: January 27, 2014
Dalbir Singh and another
.. Petitioners
Vs.
Gurnam Singh
.. Respondent
Coram: Hon'ble Mr. Justice Surinder Gupta Present: Mr. Ritesh Pandey, Advocate for the petitioners.
None for the respondent.
Surinder Gupta, J The petitioners have sought quashing of the criminal complaint No.328 dated 15.12.2009 titled as Gurnam Singh vs. Dalbir Singh and another, filed under Section 3 of Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, on the basis of compromise (Annexure P/2).
This court vide order dated 21.10.2013 called the report of the trial court qua the genuineness of the compromise (Annexure P/2). The trial court after recording the statements of the parties has reported that the compromise is voluntary and without any pressure or coercion.
The Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another 2007 (3) RCR (Crl.) 1052 has held that the FIR can be quashed on the basis of compromise by exercising inherent power under Section 482 Cr. P. C., even if the offences are not compoundable.
In view of the compromise arrived at between the parties, the continuance of the proceedings against the petitioners would amount to Deepak Kumar misuse of the process and there will be no fruitful out come thereof as due 2014.01.31 17:19 I attest to the accuracy and integrity of this document which has been signed by the Hon'ble Bench High Court, Chandigarh Crl. Misc. No. M-27791 of 2013 -2- to settlement between the parties, the trial if held is likely to result into acquittal.
Having regard to the aforesaid and drawing sustenance from the observations made in Full Bench judgment rendered in Kulwinder Singh's case (supra), this petition is accepted and the criminal complaint No.328 dated 15.12.2009 titled as Gurnam Singh vs. Dalbir Singh and another, under Section 3 of Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act, along with all consequential proceedings arising therefrom is quashed.
January 27, 2014 (Surinder Gupta)
deepak Judge
Deepak Kumar
2014.01.31 17:19
I attest to the accuracy and integrity
of this document which has been
signed by the Hon'ble Bench
High Court, Chandigarh