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Kuldip Singh vs State of Punjab and Another

Punjab And Haryana At Chandigarh · Decided on 24 May 2011 · Citation: (2011) 05 P&H CK 0150

HON’BLE JUDGES
Nawab Singh, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 427, 452, 506
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-14206 of 2011 (O and M)
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Judgment

4 paragraphs · 213 words

Nawab Singh, J.—By this petition u/s 482 of Code of Criminal Procedure, the Petitioner seeks quashing of First Information Report (for short ''FIR) No. 107 dated November 17th, 2008 (Annexure P-1), registered under Sections 427, 452 and 506 of Indian Penal Code (for short ''IPC''), Police Station Nihal Singh Wala, District Moga, on the basis of compromise (Annexure P/2) entered into between the parties.

2.

Learned Counsel for the Petitioner submits that the occurrence took place on account of money dispute between the parties. Mewa Singh - complainant, who is present in person with his counsel, has compromised the matter with the Petitioner. Compromise-deed (Annexure P-2) has been placed on record.

3.

The offences, for which the Petitioner is facing trial, are non-compoundable. Notwithstanding that, there can not be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench''s decision of this Court rendered in Kulwinder Singh and Ors. v. State of Punjab and Anr. 2007 (3) RCR 1052.

4.

In view of above, petition is accepted. Consequently, FIR No. 107 dated November 17th, 2008 (Annexure P-1), registered under Sections 427, 452 and 506 IPC, Police Station Nihal Singh Wala, District Moga and subsequent proceedings arising there from, are hereby quashed.