Punjab-Haryana High Court
Lal Chand Bansal vs State Of Punjab And Others on 6 September, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-26428 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-26428 of 2011 (O&M)
Date of Decision: September 06 , 2012.
Lal Chand Bansal
..........PETITIONER(s).
VERSUS
State of Punjab and others.
.........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. R.K. Gupta, Advocate
for the petitioner.
Ms. Neelam, A.A.G., Punjab.
Mr. S.S. Sivia, Advocate for
Ms. Sharmila Sharma, Advocate
for complainant/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.171 dated 27.07.2011 (Annexure P-1) under Section 420 of Indian Penal Code, registered at Police Station Derabassi, District S.A.S. Nagar Mohali and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties. CRM M-26428 of 2011 -2-
I have heard learned counsel for the parties and have gone through the record.
It has been stated by learned counsel for the parties that the dispute is civil in nature and the same has since been settled due to intervention of respectable persons and relatives from both the sides.
Respondent No.2 - complainant in this case has also appeared through counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings are quashed. It is also contended that case is still at the stage of investigation.
It has also been stated by learned counsel for the State on instructions from ASI Sham Lal that the case is at the stage of investigation and that Investigating Officer has also prepared cancellation report in this case.
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 dispute between the parties is civil in nature and the same has been amicably settled and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, the present petition is allowed and the impugned FIR CRM M-26428 of 2011 -3- No. 171 dated 27.07.2011 (Annexure P-1) under Section 420 of Indian Penal Code, registered at Police Station Derabassi, District S.A.S. Nagar Mohali along with all consequential proceedings qua petitioner Lal Chand Bansal is, hereby, quashed.
( RAM CHAND GUPTA ) September 06, 2012. JUDGE Sachin M.