MADAN MOHAN ABBOT versus STATE OF PUNJAB

MADAN MOHAN ABBOT versus STATE OF PUNJAB

Proceedings are liable to be quashed as the dispute was purely personal and no public policy was involved; the limit of Rs.250/- for compounding under section 406 IPC is irrelevant to quashing proceedings based on compromise.

Parties
Appellant: Madan Mohan Abbot; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
26 March 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Order Refusing to Quash FIR
Outcome
Appeal allowed
Legal Topics
Quashing of Proceedings, Compoundable Offences, Compromise in Criminal Cases, Personal Dispute, Section 406 IPC
Criminal Law Quashing of Proceedings Compoundable Offences Compromise in Criminal Cases Personal Dispute Section 406 IPC

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Parties

Madan Mohan Abbot

Appellant

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Refusing to Quash FIR

Legal Issues

  1. 1 Whether criminal proceedings based on FIR alleging offences under IPC sections including 406 should be quashed due to a compromise between the parties, despite section 406 being non-compoundable and the amount involved exceeding Rs.250/-

Ratio Decidendi

Proceedings are liable to be quashed as the dispute was purely personal and no public policy was involved; the limit of Rs.250/- for compounding under section 406 IPC is irrelevant to quashing proceedings based on compromise.

Court Disposition

Appeal allowed

Orders

  • FIR No.155 dated 17th November 2001, P.S. Kotwali, Amritsar and all proceedings connected therewith are deemed to be quashed.