Gurbaksh Singh & Ors. v. State of Punjab & Anr.
Case at a glance
- Decided
- 06 May 2011
- Bench
- NIRMALJIT KAUR
Outcome
Allowed
Accordingly, the present petition is allowed and FIR No
Provisions considered
- Code of Criminal Procedure, 1973 ss. 320, 482
- Indian Penal Code, 1860 ss. 148, 149, 324, 452
Key paragraphs
- Para 11. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C.…
Judgment
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. G.N. Malik, Advocate for the petitioners. Mr. J.S. Brar, A.A.G. Punjab. ****
Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.27 dated 28.02.2006 under Sections 452/324/148/149 IPC Police Station Ahmedgarh, District Sangrur and subsequent proceedings arising therefrom on the basis of compromise entered into between the parties. The FIR in question was got registered by respondent No.2. However, the matter has been compromised due to the intervention of the respectables of the area. Compromise deed (Annexure P-2) has also been placed on record in this regard. Vide order dated 15.02.2011, the parties were directed to appear before the Illaqa Magistrate. The Illaqa Magistrate was further directed to record the statements of the parties and send the report with regard to the validity or otherwise of the compromise.
In pursuance to the same, report of the Judicial CRM M-37792 of 2010 -2- Magistrate Ist Class, Malerkotla, has been received. As per the said report, the statements of the parties have been recorded. It is further submitted that the Court is satisfied that the parties have reached upon a compromise voluntarily. Thus, there is no doubt that the matter has been compromised. The Full Bench of this Court, in the case of Kulwinder Singh and others v. State of Punjab and another 2007(3) RCR (Criminal) 1052 has held that the compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is “finest hour of justice”. Disputes which have their genesis not only in matrimonial discord but others as well, such compromise deserves to be accepted.
It is further held as under:-
The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C in order to prevent the abuse of law and to secure the ends of justice.
In the case of Madan Mohan Abbot v. State of Punjab 2008 (4) S.C. Cases 582, the Apex Court emphasised and advised as under:- CRM M-37792 of 2010 -3- “ We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation.
Operative part
This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law.” Taking into account that the compromise has been effected between the parties and the report received from the learned Judicial Magistrate Ist Class, it is a fit case where there is no impediment in the way of the Court to exercise its inherent powers under Section 482 Cr.P.C. for quashing of FIR in the interest of justice. Accordingly, the present petition is allowed and FIR No.27 dated 28.02.2006 under Sections 452/324/148/149 IPC Police Station Ahmedgarh, District Sangrur and all subsequent proceedings arising therefrom are hereby quashed.
6.5.2011 rajeev ( NIRMALJIT KAUR ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the present petition is allowed and FIR No
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 320, 482; Indian Penal Code, 1860 — ss. 148, 149, 324, 452.
Which court decided this case, and when?
Punjab & Haryana High Court, on 06 May 2011. The bench was NIRMALJIT KAUR.
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.