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Punjab-Haryana High Court

Malkeet Singh @ Kitta And Others vs State Of Punjab And Another on 31 March, 2014

Author: Surinder Gupta

Bench: Surinder Gupta

            IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                                Crl. Misc. No. M- 2784 of 2014 (O&M)
            246                                 Date of decision: March 31, 2014

            Malkeet Singh @ Kitta and others
                                                                       .. Petitioners

                                          Vs.

            State of Punjab and another
                                                                       .. Respondents

Coram: Hon'ble Mr. Justice Surinder Gupta Present: Mr. N.S. Dadwal, Advocate for the petitioners.

Mr. Varun Sharma, AAG, Punjab.

Surinder Gupta, J The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') seeking quashing of the FIR No. 54 dated 12.04.2007 (Annexure P-1), registered for offence under Sections 382, 341, 506 and 34 IPC at Police Station Sidhwan Bet, District Ludhiana, on the basis of the compromise (Annexure P-2).

Upon notice, Mr. Varun Sharma, Assistant Advocate General, Punjab has put in appearance on behalf of respondent No.1-State.

I have heard learned counsel for the parties and perused the case file.

The parties were directed to appear before the trial court and get their statements recorded. The trial court has sent its report dated 04.03.2014 stating therein that the compromise has been effected in between the complainant and the accused which appears to be voluntary in nature and without any pressure or influence.

Learned State counsel has also not disputed the compromise (Annexure P/2).

The only obstacle in the way of accepting the compromise for quashing the impugned FIR is that the offence under Sections 382 and 34 IPC is not compoundable. In case Kulwinder Singh vs. State of Punjab, 2007 (3) RCR (Crl.) 1052, Full Bench of this Court has held that the FIR can be quashed on the basis of the compromise by exercising inherent powers under Section 482 Cr.P.C. even if the offence is not compoundable.

In the instant case, the compromise has been effected with the intervention of the respectables and now the parties wish to live in peace and harmony.

Keeping all the above facts in view, I am of the considered opinion that it is a fit case in which the impugned FIR should be quashed. Keeping the case pending will not serve the ends of justice. The quashing of the FIR will provide the parties opportunity to live in an amicable, peaceful and harmonious atmosphere which is not only in the interest of the parties to this petition but also for their families and ultimately the society at large. The offence in this case is not so heinous or serious that it cannot be settled by the parties through compromise.

In view of the above discussion, the instant petition is allowed and the impugned FIR (Annexure P-1) along with all consequential proceedings arising therefrom is quashed qua the petitioners.

                                                          (SURINDER GUPTA)
            March 31, 2014                                     JUDGE
            rts




Sharma Ritu
2014.04.03 14:58
I attest to the accuracy and
integrity of this document
Chandigarh