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2011 DIGILAW 2236 (PNJ)

Satya Bhushan Gulati v. State of Haryana

2011-12-20

L.N.MITTAL

body2011
JUDGMENT Mr. L. N. Mittal, J. (Oral) : Satya Bhushan Gulati has filed this petition under Section 482 of the Code of Criminal Procedure (in short – Cr.P.C.) for quashing FIR No.452 dated 11.06.2011 (Annexure P-2), under Sections 406 and 420 of the Indian Penal Code (in short – IPC), registered at Police Station Civil Lines, Karnal, District Karnal, on the basis of compromise (Annexure P-4) effected with complainant-respondent no.2 and his daughter respondent no.3, who have also affirmed joint affidavit Annexure P-5 regarding the compromise. 2. I have heard learned counsel for the parties and perused the case file. 3. Pursuant to order dated 31.10.2011, report has been received from Chief Judicial Magistrate, Karnal that parties have effected compromise. Statements of parties were recorded by the learned Magistrate. 4. Respondents no.2 and 3 are present in person. They have been identified by SI Jagan Nath, who has come to assist the State counsel. Respondents no.2 and 3 state that they have effected compromise Annexure P-4 and have also affirmed affidavit Annexure P-5 regarding the compromise, and therefore, they have no objection if the impugned FIR is quashed. It is also stated by them that the amount, as per compromise, has been paid to them by the petitioner. 5. In appropriate cases, FIR can be quashed by this Court on the basis of compromise by exercising inherent power under Section 482 Cr.P.C., even if the offences are not compoundable. It has been so held by a Full Bench of this Court in case of Kulwinder Singh vs. State of Punjab reported as 2007 (3) Law Herald (Punjab and Haryana) 2225. 6. In the instant case, the FIR relates to personal grievance of respondents no.2 and 3, which has been redressed. Requisite amount has been paid to them by the petitioner. Civil dispute has also been settled. Accordingly, it is a fit case in which the FIR should be quashed. 7. In view of the aforesaid, the instant petition is allowed and impugned FIR No. 452 dated 11.06.2011 (Annexure P-2), under Sections 406 and 420 IPC, registered at Police Station Civil Lines, Karnal, District Karnal, is quashed along with all consequential proceedings arising therefrom. --------------