Punjab-Haryana High Court
Gian Singh And Others vs State Of Punjab And Another on 20 December, 2011
Author: L. N. Mittal
Bench: L. N. Mittal
Crl. Misc. No. M-33656 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-33656 of 2011
Date of Decision : December 20, 2011
Gian Singh and others .... Petitioners
Vs.
State of Punjab and another .... Respondents
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
* * *
Present : Mr. Ruminderjit Singh, Advocate
for the petitioners.
Mr. J. S. Brar, AAG, Punjab
for respondent no. 1.
Mr. Davinder Singh, Advocate
for respondent no. 2.
* * *
L. N. MITTAL, J. (Oral) :
Gian Singh and his wife Nachatter Kaur and their daughter Amandeep Kaur have filed this petition under Section 482 of the Code of Criminal Procedure (in short - Cr.P.C.) for quashing FIR No.463 dated 13.11.2009 (Annexure P-1), under Sections 323 and 324 read with Section 34 of the Indian Penal Code (in short - IPC), registered at Police Station Kharar, District S. A. S. Nagar (Mohali), on the basis of compromise Crl. Misc. No. M-33656 of 2011 2 (Annexure P-2) effected with injured complainant-respondent no.2 Karamjit Kaur.
I have heard learned counsel for the parties and perused the case file.
Pursuant to order of the preceding date, report has been received from trial Magistrate that parties have effected compromise. Counsel for respondent no.2 also states that parties have effected compromise Annexure P-2, and therefore, respondent no.2 has no objection to the quashing of the impugned FIR.
In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent power under Section 482 Cr.P.C., even if the offences are not compoundable. It has been so held by a Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225.
In the instant case, respondent no.2 injured has effected compromise with the petitioners belonging to the same village. Only simple injuries were suffered by the complainant. Quashing of FIR would help the parties for living in peace and harmony. Accordingly, it is a fit case in which the FIR should be quashed.
In view of the aforesaid, the instant petition is allowed and impugned FIR No.463 dated 13.11.2009 (Annexure P-1), under Sections 323 and 324 read with Section 34 IPC, registered at Police Station Kharar, Crl. Misc. No. M-33656 of 2011 3 District S. A. S. Nagar (Mohali) is quashed along with all consequential proceedings arising therefrom.
December 20, 2011 ( L. N. MITTAL ) monika JUDGE