Punjab-Haryana High Court
Rakesh Chander Bhatti And Another vs State Of Punjab And Another on 31 July, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM M-4193 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-4193 of 2013 (O&M)
Date of Decision: July 31, 2013.
Rakesh Chander Bhatti and another
.......PETITIONER(s).
VERSUS
State of Punjab and another
.....RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present: Mr. Rajeev K. Kapila, Advocate
for the petitioner (s).
Mr. Ashish Sanghi, D.A.G., Punjab.
Respondent No.2 in person with
Mr. Liaquat Ali, Advocate.
*******
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.63 dated 03.09.2012 (Annexure P-1) under Section 408 read with Section 34 of Indian Penal Code, registered at Police Station Old Shalley (Purana Shala), District Gurdaspur and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties.
I have heard learned counsel for the parties and have gone through the record.
It has been stated by learned counsel for the petitioners that Mehta Sachin 2013.08.01 10:33 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-4193 of 2013 -2- dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.
Respondent No.2 - complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stated that he is having no objection if the FIR and consequential proceedings are quashed.
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 parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 63 dated 03.09.2012 (Annexure P-1) under Section 408 read with Section 34 of Indian Penal Code, registered at Police Station Old Shalley (Purana Shala), District Gurdaspur alongwith all consequential proceedings qua petitioners Rakesh Chander Bhatti and Rajinder Bhatti is, hereby, quashed.
( RAM CHAND GUPTA ) July 31, 2013. JUDGE Sachin M. Mehta Sachin 2013.08.01 10:33 I attest to the accuracy and integrity of this document CHANDIGARH