✦ Punjab & Haryana High Court · 13 Dec 2010

Maninder Singh v. State of Punjab & Anr.

RAM CHAND GUPTA

Case at a glance

Outcome

Allowed

petition is allowed and the impugned FIR No

Provisions considered

Judgment

CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr. Vipin Mahajan, Advocate for the petitioner. Ms. Bhavna Gupta, D.A.G., Punjab. Mr. Rajeshwar Singh Thakur, Advocate for respondent No.2 –complainant. ***** 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.89 dated 15.08.2010 under Sections 455/427/506 IPC, registered at Police Station Ghuman, Police District Batala, District Gurdaspur, Annexure P1, and all other consequential proceedings arising therefrom on the basis of compromise, Annexure P2, having been entered into between the parties. CRM No.M-33841 of 2010 2 Reply filed on behalf of respondent No.2-complainant is taken on record. 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 the parties are immediate neighbours and that dispute between them has since been settled due to intervention of respectable persons of the locality and relatives from both the sides. It is further stated that the case is at the preliminary stage. Respondent No.2 – complainant also appeared in person through his counsel and admitted the factum of compromise stating 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.)

Operative part

1052. Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons of the locality and relatives, in the interest of harmonious relations between the parties, who are immediate neighbours, the present petition is allowed and the impugned FIR No._ 89 dated 15.08.2010 under Sections 455/427/506 IPC, registered at Police Station Ghuman, Police District Batala, District Gurdaspur, Annexure P1 alongwith all consequential proceedings qua petitioner –Maninder Singh is, hereby, quashed. CRM No.M-33841 of 2010 3 December 13, 2010. 'om' ( RAM CHAND GUPTA ) JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: petition is allowed and the impugned FIR No

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 482; Indian Penal Code, 1860 — ss. 427, 455, 506.

Which court decided this case, and when?

Punjab & Haryana High Court, on 13 Dec 2010. The bench was RAM CHAND GUPTA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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