Present: Mr. Rahul Dev Singh Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1122305
CourtPunjab and Haryana High Court
Decided OnJan-22-2014
AppellantPresent: Mr. Rahul Dev Singh Advocate
RespondentState of Punjab and Another
Excerpt:
crm no.m-280 of 2013 1 in the high court of punjab and haryana at chandigarh crm no.m-280 of 2013 date of decision : 22.01.2014. bhajan singh and others ...petitioners versus state of punjab and another ...respondents coram : hon'ble mr.justice t.p.s.mann present: mr.rahul dev singh, advocate for the petitioners.mr.gurinderjit singh, deputy advocate general, punjab for respondent no.1. mr.rohiteshwar singh, advocate for respondent no.2. *** t.p.s.mann, j.(oral) prayer made in the petition is for quashing of fir no.116 dated 18.10.2012 under sections 447, 511, 506, 34 ipc, registered at police station garhshankar, district hoshiarpur. the quashing of the fir is sought on the ground of compromise, said to have been arrived at between the parties. vide order dated 07.03.2013, a co-ordinate bench of this court directed the parties to present themselves before the illaqa magistrate for getting their statements recorded with regard to the compromise. the illaqa magistrate was directed to opine about the genuineness of the compromise and send its report kanchan 2014.01.23 16:58 i attest to the accuracy and integrity of this document chandigarh crm no.m-280 of 2013 2 along with statements of the parties to this court. report has been received from the sub divisional judicial magistrate, garhshankar, wherein, it stands mentioned that respondent no.2, who is the complainant in the case, on the one hand and the petitioners on the other appeared in his court on 15.11.2013 and got recorded their statements to the effect that they had entered into a compromise with their own sweet will. on going through their statements, the court opined that a genuine compromise had been effected between the parties. accordingly, the report has been submitted and the statements made by the parties appended with the same. after obtaining instructions from asi shamsher singh, learned state counsel has informed the court that after completion of the investigation and in view of the affidavits submitted by the parties qua the compromise, an untraced report was prepared and submitted before the court but no order has been passed thereupon. some of the offences alleged against the petitioners are non-compoundable. however, when the parties have amicably resolved their differences and entered into a compromise and in that regard got recorded their separate statements before the sub divisional judicial magistrate, garhshankar confirming the factum of compromise, this court is of the considered view that inherent powers under section 482 cr.p.c.can be exercised so as to quash the fir. kanchan resultantly, the petition is accepted, fir no.116 dated 2014.01.23 16:58 i attest to the accuracy and integrity of this document chandigarh crm no.m-280 of 2013 3 18.10.2012 under sections 447, 511, 506, 34 ipc, registered at police station garhshankar, district hoshiarpur is quashed and all the proceedings taken thereunder are set-aside. january 22, 2014. (t.p.s.mann) kanchan judge kanchan 2014.01.23 16:58 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM No.M-280 of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-280 of 2013 Date of Decision : 22.01.2014.

Bhajan Singh and others ...Petitioners Versus State of Punjab and another ...Respondents CORAM : HON'BLE Mr.JUSTICE T.P.S.MANN Present: Mr.Rahul Dev Singh, Advocate for the petitioneRs.Mr.Gurinderjit Singh, Deputy Advocate General, Punjab for respondent No.1.

Mr.Rohiteshwar Singh, Advocate for respondent No.2.

*** T.P.S.Mann, J.(Oral) Prayer made in the petition is for quashing of FIR No.116 dated 18.10.2012 under Sections 447, 511, 506, 34 IPC, registered at Police Station Garhshankar, District Hoshiarpur.

The quashing of the FIR is sought on the ground of compromise, said to have been arrived at between the parties.

Vide order dated 07.03.2013, a co-ordinate Bench of this Court directed the parties to present themselves before the Illaqa Magistrate for getting their statements recorded with regard to the compromise.

The Illaqa Magistrate was directed to opine about the genuineness of the compromise and send its report Kanchan 2014.01.23 16:58 I attest to the accuracy and integrity of this document chandigarh CRM No.M-280 of 2013 2 along with statements of the parties to this Court.

Report has been received from the Sub Divisional Judicial Magistrate, Garhshankar, wherein, it stands mentioned that respondent No.2, who is the complainant in the case, on the one hand and the petitioners on the other appeared in his Court on 15.11.2013 and got recorded their statements to the effect that they had entered into a compromise with their own sweet will.

On going through their statements, the Court opined that a genuine compromise had been effected between the parties.

Accordingly, the report has been submitted and the statements made by the parties appended with the same.

After obtaining instructions from ASI Shamsher Singh, learned State counsel has informed the Court that after completion of the investigation and in view of the affidavits submitted by the parties qua the compromise, an untraced report was prepared and submitted before the Court but no order has been passed thereupon.

Some of the offences alleged against the petitioners are non-compoundable.

However, when the parties have amicably resolved their differences and entered into a compromise and in that regard got recorded their separate statements before the Sub Divisional Judicial Magistrate, Garhshankar confirming the factum of compromise, this Court is of the considered view that inherent powers under Section 482 Cr.P.C.can be exercised so as to quash the FIR.

Kanchan Resultantly, the petition is accepted, FIR No.116 dated 2014.01.23 16:58 I attest to the accuracy and integrity of this document chandigarh CRM No.M-280 of 2013 3 18.10.2012 under Sections 447, 511, 506, 34 IPC, registered at Police Station Garhshankar, District Hoshiarpur is quashed and all the proceedings taken thereunder are set-aside.

January 22, 2014.

(T.P.S.MANN) kanchan JUDGE Kanchan 2014.01.23 16:58 I attest to the accuracy and integrity of this document chandigarh