High CourtsSingle Bench

Sanjay Arya and another vs State of Haryana and another

Punjab And Haryana At Chandigarh · Decided on 9 October 2012 · Citation: (2012) 10 P&H CK 0042

HON’BLE JUDGES
Ram Chand Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 120B, 323, 327, 340, 363
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous No. M-9159 of 2012 (O and M)
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Judgment

4 paragraphs · 308 words

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 173 dated 04.11.2011 (Annexure P-1) under Sections 323, 327, 340, 363, 427, 452, 506 and 120B of Indian Penal Code, registered at Police Station DLF Phase-I, Gurgaon District Gurgaon, and all other consequential proceedings arising therefrom on the basis of compromise (Annexure P-2), having been entered between the parties. I have heard learned counsel for the parties and have gone through the record.

2.

It has been stated by learned counsel for the parties that it is a case of simple injury and dispute between the parties has since been settled due to intervention of respectable persons and relatives from both the sides.

3.

Respondent No. 2 - complainant also appeared in person with his counsel and filed reply by way of affidavit admitting the factum of compromise and stating that he is having no objection if the FIR and consequential proceedings are quashed.

4.

In appropriate cases FIR can be quashed on the basis of compromise by exercising power u/s 482 Cr. P.C., even if the offences are not compoundable. It was so held by Full Bench of this Court in the case of Kulwinder Singh and Others Vs. State of Punjab and Another, . Since the parties have amicably settled the matter and compromise has been effected between them due to intervention of the respectable persons and relatives from both the sides, in the interest of harmonious relations between the parties, the present petition is allowed and the impugned FIR No. 173 dated 04.11.2011 (Annexure P-1) under Sections 323, 327, 340, 363, 427, 452, 506 and 120B of Indian Penal Code, registered at Police Station DLF Phase-I, Gurgaon District Gurgaon alongwith all consequential proceedings qua petitioners Sanjay Arya and Vijay Kumar is, hereby, quashed.