Punjab And Haryana High Court · 2009

CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN PRESENT: Mr.G.S.Kaura, Advocate, for the petitioner Mr.R.S.Rawat, AAG,Punjab Mr.Rajbir Singh, Advocate, for the complainant. Rakesh Kumar Jain, J: (Oral) Notice of motion. At this stage, Mr.Rajbir Singh, Advocate, has put in appearance on behalf of the complainant/respondent No.2. and has filed his reply by way of an affidavit dated 12.11.2009. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.') for quashing of FIR No.107 dated 15.9.2005, registered under Sections 457,380 IPC at Police Station, Bilga, District Jalandhar, on the basis of a compromise CRM-M 31873 of 2009 (O&M) 2 dated 12.10.2009 (Annexure P2). The aforesaid FIR was registered by Tarsem Lal son of Dev Raj in which he had alleged that on 14.9.2005 at about 10.p.m, when he had closed his liquor-vend in which he was working as Karinda, his son Sanjiv Kumar had come to pick him up on scooter, but before that cash collection party had taken away the cash and after that the cash collected from the sale, was lying in the money box . At that time Sarbjit Singh alias Sodhi (petitioner) alongwith two more persons was sitting in front of Theka Pharwala and consuming liquor. Next morning at around 7/8 O' Clock, when he reached at Theka, he found that shutter of Theka was broken and one handle of hand pump was lying near it. It was found that Rs.1130/- and 32 quarters of wine Binny were missing. Parcha of sale which was prepared by him was also not found. He suspected that theft has been committed by the petitioner. Learned counsel for the petitioner has submitted that the FIR was registered on the basis of suspicion but after intervention of the respectables and relatives, both the parties have entered into a compromise in terms of which the complainant does not want to proceed with the prosecution of the petitioner and has filed his affidavit to this effect which is attached as Annexure P3 with this petition. He has further reiterated his commitment in the reply filed by way of affidavit dated 12.11.2009. Both the petitioner as well the complainant/respondent No.2. Tarsem Lal are present in Court today and have been identified by their respective Advocates. The complainant has stated that the CRM-M 31873 of 2009 (O&M) 3 matter has been compromised between the parties and he does not want to proceed against the petitioner. Sections 457 and 380 IPC are non-compoundable. Learned counsel for the petitioner has submitted that this Court can always invoke the inherent jurisdiction to quash the FIR even in cases of non-compoundable offences if the parties have decided to bury the hatchet. He has placed reliance on a Full Bench decision of this Court the case of Kulwinder Singh and others Vs. State of Punjab and another 2007 (3) R.C.R (Criminal) 1052, in which it has been held that the matter can be compounded by invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C. After hearing the learned counsel for the parties and keeping in view the facts and circumstances of the case as well as the law laid by Full Bench of this Court in Kulwinder Singh's Case (Supra), the present petition is allowed and FIR No.107 dated

15.9.2005, registered under Sections 457,380 IPC at Police Station, Bilga, District Jalandhar, and all subsequent proceedings arising therefrom are quashed.

12.11.2009 RR (Rakesh Kumar Jain) Judge