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2000 DIGILAW 763 (PNJ)

Indraj @ India v. State of Punjab

2000-07-19

V.M.JAIN

body2000
JUDGMENT V.M. Jain, J. - This is a petition under Section 482 Criminal Procedure Code seeking quashment of the FIR No. 77 dated 31.5.1996 under Sections 326, 324, 323 and 34 Indian Penal Code, of P.S. Sadar, Abohar, District Ferozepur. 2. The only ground seeking quashment of the FIR is the alleged compromise, copy of which has been placed on record of Annexure P-2. The alleged compromise is in the form of an affidavit sworn by Jit Ram, complainant. 3. During the course of arguments, the learned counsel appearing for the petitioners has placed reliance upon the law laid down by this Court in 2000(2) All Instant Judgments 245, Avtar Singh v. Jatinder Lal Shorey and another and a judgment of the Delhi High Court reported as 2000(2) Recent Criminal Reports (Criminal) 316, Kapil Dev Gupta v. State. 4. After hearing the learned counsel for the petitioners and perusing the record, I find no merit in the present petition. Admittedly, it is a case under Sections 326, 324, 323, 34 Indian Penal Code, which is non-compundable. On the basis of the allegations made in the FIR, no case is made out for quashing the FIR. Merely because Jit Ram has sworn an affidavit that he has compromised the matter with the accused, in my opinion, would be no ground to quash the FIR. The authority 2000(2) AIJ 245 (supra), relied upon by the learned counsel for the petitioners, has no application to the facts of the present case. The said authority is in a criminal complaint and the compromise arrived at between the parties in a criminal complaint seeking quashment of the criminal complaint could not be made the basis for quashing FIR in a non-compundable case under Sections 326, 324, 323, 34 Indian Penal Code. The other authority 2000(2) RCR (Crl. 316 (supra), relied upon by the learned counsel for the petitioners, in my opinion, with due respect, cannot be made basis for quashing FIR in a case under Sections 326, 324, 323, 34 Indian Penal Code, merely on the basis of affidavit allegedly sworn by the complainant. For the reasons recorded above, finding no merit in the present petition the same is hereby dismissed in limine. Petition dismissed.