Mander Singh and Others Vs. State of U.T. Chandigarh and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126326
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantMander Singh and Others
RespondentState of U.T. Chandigarh and Others
Excerpt:
crm m-37999 of 2013 -1- in the high court of punjab and haryana at chandigarh. crl. misc. no.m-37999 of 2013 (o&m) date of decision: february 11, 2014. mander singh and others .......petitioner(s).versus state of u.t.chandigarh and others .....respondent(s).coram:- hon'ble mr.justice ram chand gupta present: mr.ashok kumar sama, advocate for the petitioner (s).ms.ashima mor, advocate for respondent no.1-ut chandigarh. mr.ajay kamboj, advocate for respondents no.2 and 3. ******* 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.90 dated 3.5.2010 (annexure p-1) under sections 365, 506 read with 34 of indian penal code, registered at police station sector-3, chandigarh, 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. as per direction of this court, both the parties appeared mehta sachin 2014.02.12 17:01 i attest to the accuracy and integrity of this document chandigarh crm m-37999 of 2013 -2- before learned trial court and got their statements recorded. report has been received from learned trial court alongwith statements of the parties to the effect that the compromise is genuine one, without any pressure or coercion from any side. 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. as the dispute has since been settled, the present petition is allowed and the impugned fir no.90 dated 3.5.2010 (annexure p-1) under sections 365, 506 read with 34 of indian penal code, registered at police station sector-3, chandigarh, alongwith all consequential proceedings qua petitioners mander singh, resham singh, raj singh, hardeep singh and sushil kumar is, hereby, quashed. ( ram chand gupta ) february 11, 2014. judge sachin m. mehta sachin 2014.02.12 17:01 i attest to the accuracy and integrity of this document chandigarh
Judgment:

CRM M-37999 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl.

Misc.

No.M-37999 of 2013 (O&M) Date of Decision: February 11, 2014.

Mander Singh and others .......PETITIONER(s).VERSUS State of U.T.Chandigarh and others .....RESPONDENT(s).CORAM:- HON'BLE Mr.JUSTICE RAM CHAND GUPTA Present: Mr.Ashok Kumar Sama, Advocate for the petitioner (s).Ms.Ashima Mor, Advocate for respondent No.1-UT Chandigarh.

Mr.Ajay Kamboj, Advocate for respondents No.2 and 3.

******* 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.90 dated 3.5.2010 (Annexure P-1) under Sections 365, 506 read with 34 of Indian Penal Code, registered at Police Station Sector-3, Chandigarh, 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.

As per direction of this Court, both the parties appeared Mehta Sachin 2014.02.12 17:01 I attest to the accuracy and integrity of this document CHANDIGARH CRM M-37999 of 2013 -2- before learned trial Court and got their statements recorded.

Report has been received from learned trial Court alongwith statements of the parties to the effect that the compromise is genuine one, without any pressure or coercion from any side.

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.

As the dispute has since been settled, the present petition is allowed and the impugned FIR No.90 dated 3.5.2010 (Annexure P-1) under Sections 365, 506 read with 34 of Indian Penal Code, registered at Police Station Sector-3, Chandigarh, alongwith all consequential proceedings qua petitioners Mander Singh, Resham Singh, Raj Singh, Hardeep Singh and Sushil Kumar is, hereby, quashed.

( RAM CHAND GUPTA ) February 11, 2014.

JUDGE Sachin M.

Mehta Sachin 2014.02.12 17:01 I attest to the accuracy and integrity of this document CHANDIGARH