🖨️ Print / Download PDF

Dharminder Singh @ Lakhy Vs State of Punjab and Others

Case No: Criminal Miscellaneous No. M-15960 of 2012 (O and M)

Date of Decision: Sept. 13, 2012

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 482#Penal Code, 1860 (IPC) — Section 148, 149, 323, 324, 341

Hon'ble Judges: Paramjeet Singh, J

Bench: Single Bench

Advocate: G.S. Nahel, for the Appellant; Jaspreet Kaur, AAG, Punjab and Mr. Peerdan, Advocate, to 5, for the Respondent

Final Decision: Allowed

Translate: English | हिन्दी | தமிழ் | తెలుగు | ಕನ್ನಡ | मराठी

Judgement

Paramjeet Singh, J.

Crl. Misc. No. 54290 of 2012

1. Crl. Misc. is allowed. Amended memo of parties is taken on record.

Crl. Misc. No. M-15960 of 2012

Present petition has been filed u/s 482 Cr.P.C. for quashing of FIR No. 18 dated 12.6.2010, registered under Sections

323/324/341/365/506/148/149 IPC at Police Station Kiratpur Sahib, along with all consequential proceedings arising out of it, on the basis of

compromise dated (Annexure P-2)

2. Learned Counsel for the petitioner has relied upon a judgment of this Court in the matter of Bhupinder Kaur vs. State of Punjab and another,

2004(2) RCR Cri. 443 to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the

complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances

available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would

amount to be permitting the parties to compound non-compoundable offence.

3. Learned Counsel for the complainants, on instructions from the complainants, states that complainants would have no objection, if the present

FIR along with consequential proceedings, arising out of it, are quashed.

4. Learned Counsel for respondents No. 2 to 5-complainants has also handed over affidavits dated 17.8.2012 to the above effect, which are

taken on record.

5. Consequently, in view of compromise (Annexure P-2) and keeping in view the law laid down by the Hon''ble Apex Court in the case of Madan

Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429, by the Full Bench judgment of this Court in the case of Kulwinder Singh and

others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, and judgment of this Court in Bhupinder Kaur''s case (supra) no useful purpose

would be served in prolonging the litigation. Present petition is allowed. FIR No. 18 dated 12.6.2010, registered under Sections

323/324/341/365/506/148/149 IPC at Police Station Kiratpur Sahib, is hereby quashed and all the criminal proceedings arising out of the said

FIR also stand quashed.