Punjab-Haryana High Court
Veepinder Pal Singh vs State Of Punjab And Others on 28 April, 2010
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc.No. 19862 of 2010 and
Criminal Misc. No.M-3441 of 2010
Date of decision:- 28.4.2010
Veepinder Pal Singh
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:- Mr. Navjeet Singh, Advocate
for the petitioner.
Mr. Gaurav Garg Dhuriwala, AAG Punjab
for respondent No.1-State.
Mr.M.S. Virk, Advocate
for the applicant-respondent Nos.2 to 12.
RAM CHAND GUPTA J.(Oral)
Criminal Misc. No. 19862 of 2010 This is an application for placing on record the short reply on behalf of respondent Nos.2 to 12.
Heard.
The application is allowed and the short reply on behalf of respondent Nos.2 to 12 is taken on record.
Criminal miscellaneous application stands disposed of. Criminal Misc. No.M-3441 of 2010 The present petition has been filed under Section 482 Cr.P.C. by the petitioner for quashing of FIR No.1 dated 04.1.2010, under Sections 279,337,338,427 and 304-A IPC, registered at Police Station Sudhar, District Ludhiana (Annexure P-1) on the basis of compromise (Annexure P-2).
I have heard learned counsel for the parties and have gone through the whole record carefully.
It has been stated by learned counsel for the parties that the dispute between the parties has been amicably settled due to intervention of respectable persons of the locality and relatives from both the sides. All the Criminal Misc.No. 19862 of 2010 and Criminal Misc. No.M-3441 of 2010 -2- legal heirs of deceased have been impleaded as party and they have filed their affidavits admitting the factum of compromise by stating that they are having no objection if the FIR and consequential proceedings are quashed. Affidavit on behalf of Darshan Singh-complainant also filed, who is the eye witness of the occurrence stating that there was no fault of anybody and the accident had taken place due to foggy weather and that the dispute has been amicably settled between the parties.
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 vs. State of Punjab, 2007(3) RCR (Crl.) 1052.
Hence, in view of these facts and in the interest of harmonious relations between the parties, the present petition filed by petitioner Veepinder Pal Singh is accepted and FIR No.1 dated 04.1.2010, under Sections 279,337,338,427 and 304-A IPC, registered at Police Station Sudhar, District Ludhiana alongwith all consequential proceedings arising therefrom, is quashed.
The petition is disposed of.
April 28, 2010 ( RAM CHAND GUPTA ) vj JUDGE