Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 939

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Gurbir Singh, J.
Darshan Lal @ Handa and Others - Petitioners - Appellant
Versus
State of Punjab and Others - Respondents - Respondent
CRM-M-24698 of 2021
Decided On : 02-03-2023

Advocates appeared:
Mr. Gagandeep Singh Sirphikhi, Advocate for the petitioners.
Mr. G.S. Shergill, AAG, Punjab.
Mr. Anosh Samson, Advocate for respondent.

The court can exercise its powers under Section 482 Cr.P.C. to quash an FIR based on a genuine and voluntary compromise between the parties.

Headnote:
Compromise - Quashing of FIR
Fact of the Case:

The petition was filed to quash an FIR under various sections of the IPC based on a compromise between the parties.
Finding of the Court:

The court found that the compromise between the parties was genuine, voluntary, and without coercion or undue influence, and exercised its powers under Section 482 Cr.P.C. to quash the FIR to prevent unnecessary vagaries of criminal trial.
Issues: The issue was whether the FIR should be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the genuineness and validity of the compromise, as well as the direction issued in previous cases, to exercise its powers under Section 482 Cr.P.C.
Final Decision: The petition was allowed, and the impugned FIR and all consequential proceedings were quashed based on the compromise between the parties.

GURBIR SINGH, J.

1. This is a petition filed under Section 482 Cr.P.C. for quashing of FIR No.75 dated 31.03.2020 (Annexure P-1) under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Lines Batala, Police District Batala and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2), effected between the parties.

2. Learned counsel for the parties have stated that the present FIR may be quashed as the parties have amicably settled the dispute.

3. During the course of preliminary hearing, the trial Court was directed to record the statements of all the concerned parties, with regard to the genuineness and validity or otherwise of the compromise by this Court.

4. In compliance thereof, report dated 19.10.2021 from the Judicial Magistrate Ist Class, Batala has been received through the District & Sessions Judge, Gurdaspur, with statements of the parties, in which, it has been mentioned that the compromise is genuine, voluntary and without any coercion or undue influence.

5. The powers under Section 482 Cr.P.C. can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in “Kulwinder Singh and others vs. State of Punjab and another ” , 2007(3) RCR (Criminal) 1052 and “Gian Singh vs. State of Punjab and another”, 2012 (4) RCR (Criminal) 543.

6. In view of the aforesaid report of the Judicial Magistrate Ist Class, Batala accompanied by statement of both the parties, the instant petition is allowed. Consequently, the impugned FIR No.75 dated 31.03.2020 under Sections 326, 324, 323, 506, 148, 149 of IPC, 1860 registered at Police Station Civil Lines Batala, Police District Batala and all consequential proceedings arising therefrom are hereby quashed, on the basis of compromise (Annexure P-2), qua the petitioners only.

Petition allowed.

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