Judgment:
CRM-M No.40497 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
(1) Crl.
Misc.-M No.40497 of 2013 (O&M) Date of Decision: January 27, 2014.
Himanshu and another .......PETITIONER(s).VERSUS Union Territory, Chandigarh and another .....RESPONDENT(s).(2) Crl.
Misc.
No.M-41069 of 2013 (O&M) Ashok Kumar .......PETITIONER(s).VERSUS Union Territory, Chandigarh and others .....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Mr.S.S.Saini, Advocate for Ms.K.B.Sidhu, Advocate for the petitioners in CRM-M No.40497 of 2013 and for respondents No.2 and 3 in CRM-M No.41069 of 2013.
Ms.Ashima Mor, Advocate for respondent No.1-UT Chandigarh.
Mr.R.S.Mamli, Advocate for respondent No.2 in CRM-M No.40497 of 2013 and for petitioners in CRM-M No.41069 of 2013.
******* Mehta Sachin 2014.01.29 10:20 I attest to the accuracy and integrity of this document CHANDIGARH CRM-M No.40497 of 2013 -2- RAM CHAND GUPTA, J.(Oral) This order will dispose of both the aforementioned petitions filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.463 dated 30.09.2012 under Sections 323, 506 read with Section 34 of Indian Penal Code, registered at Police Station Sector-39, Chandigarh, alongwith all other consequential proceedings arising therefrom as well as cross-case bearing FIR No.462 dated 29.09.2012 under Sections 452, 454, 323 and 506 of Indian Penal Code, registered at Police Station Sector-39, Chandigarh alongwith all other consequential proceedings arising therefrom, on the basis of compromise 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 parties that it is a case of version and cross-version and the dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.
Parties also appeared in person and admitted the factum of compromise and stated that they are having no objection if both the FIRs alongwith 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 Mehta Sachin 2014.01.29 10:20 I attest to the accuracy and integrity of this document CHANDIGARH CRM-M No.40497 of 2013 -3- Court in the case of Kulwinder Singh v.
State of Punjab, 2007(3) RCR (Crl.) 1052.
Hence, in the interest of harmonious relations between the parties, both the aforementioned petitions are allowed and the impugned FIR No.463 dated 30.09.2012 under Sections 323, 506 read with Section 34 of Indian Penal Code, registered at Police Station Sector-39, Chandigarh, alongwith all consequential proceedings qua petitioners Himanshu and Sahil Parmar and cross-case FIR No.462 dated 29.09.2012 under Sections 452, 454, 323 and 506 of Indian Penal Code, registered at Police Station Sector-39, Chandigarh alongwith all consequential proceedings qua petitioner Ashok Kumar are, hereby, quashed.
( RAM CHAND GUPTA ) January 27, 2014.
JUDGE Sachin M.
Mehta Sachin 2014.01.29 10:20 I attest to the accuracy and integrity of this document CHANDIGARH