JUDGEMENT
-
(1.) This order shall dispose of two petitions CRM-M-32504 of
2011 Surinder Kaur alias Bholi & another Vs State of Punjab and
another (hereinafter referred to as the first petition) and CRM-.M
32459 of 2011 Surinder Kaur alias Bholi vs.. State of Punjab
(hereinafter referred to as the second petition) as both have arisen
from FIR No.124, Dated 23.3.2000, registered under Sections
454,380,411 of the Indian Penal Code, at Police Station Sadar,
District Ludhiana,
The first petition has been filed under Section 482 of the
Cr.P.C for quashing of FIR No.124, Dated 23.3.2000, under Sections
454,380,411 of the Indian Penal Code, Police Station Sadar, District
Ludhiana, and all the subsequent proceeding arising therefrom on
the basis of compromise between both the parties, whereas the
second petition has been filed under section 439 of Cr.P.C for grant
of regular bail.
(2.) Pursuant to the notice of motion in first petition Mr. Gurmit
Singh Advocate, has put in appearance for respondent No.2-
complainant who is also present in the Court in person. Learned
counsel for the petitioners stated that the dispute is pertaining to the
theft of television and with the intervention of the respectables the
matter has been patched up between the parties. Complainant
Madan Lal who is identified by his learned counsel made a
submission before this Court that the matter has been compromised
and he does not want to prosecute the petitioners.
(3.) Learned counsel for the petitioners submitted that although
Section 411 is compoundble in terms of Section 320 (b) Cr.P.C. yet
Sections 454 and 380 are non-compoundable, however he invokes
the inherent jurisdiction of this Court under Section 482 of Cr.P.C.
and prays for quashing of FIR and all the subsequent proceedings
by placing reliance on the Full Bench of this Court in Kulwinder Singh and others versus State of Punjab and another, 2007 3 RCR(Cri) 1052.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.