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2004 DIGILAW 504 (PNJ)

Rajesh Sharma v. State of Punjab

2004-04-29

S.S.GREWAL

body2004
ORDER S.S. Grewal, J. (Oral) - Petitioners No. 1 to 3 have lodged FIR No. 63 dated 23.7.1997 (Annexure P-1), under Sections 384/342/468/506 Indian Penal Code at Police Station Division No. 5, Jalandhar against petitioners No. 4 and 5, whereas petitioners No. 4 and 5 have filed a complaint under Section 452/323/324/427/506/500 Indian Penal Code (Annexure P-3) which is pending in the Court of Shri H.S. Gill, Judicial Magistrate 1st Class, Jalandhar. 2. Learned counsel for the petitioners states that both the parties have now compromised the matter. He thus prays that the present FIR, all subsequent proceedings arising therefrom and the complaint may be quashed. 3. On the other hand, learned State counsel submits that the challan was presented in the Court on 10.3.1999 and the charge had been framed on 21.5.2002 against petitioners No. 4 and 5. He further states that in the complaint, summoning order has been passed. 4. Learned counsel for the petitioners in support of his arguments, relies upon para 8 of the judgment of Honble Supreme Court rendered in B.S. Joshi and others v. State of Haryana and another, AIR 2003 Supreme Court 1386, which reads as under :- "It is, thus, clear that Madhu Limays case does not lay down any general proposition limiting power of quashing the criminal proceedings or FIR or complaint as vested in Section 482 of the Code or extraordinary power under Article 226 of the Constitution of India. We are, therefore, of the view that if for the purpose of securing the ends of justice, quashing of FIR becomes necessary, Section 320 would not be a bar to the exercise of power of quashing. It is, however, a different matter depending upon the facts and circumstances of each case whether to exercise or not such a power." 5. In view of the above, the present petition is allowed and FIR No. 63 dated 23.7.1997 (Annexure P-1), registered under Sections 384/342/468/506 Indian Penal Code at Police Station Division No. 5, Jalandhar, all subsequent proceedings arising therefrom and complaint (Annexure P-3) are quashed. Petition allowed.