The High Court of Punjab and Haryana dismissed a petition for quashing an order at Bar Basis that a compromise was invalid, as the petitioner failed to establish the validity of the compromise.
Petition for quashing dismissed on compromise validity; liberty to file on merits.
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In the High Court of Punjab and Haryana at Chandigarh
CRM No. M- 12511 of 2008 Decided on: - 26.03.2009
Vinod Kumar and another .....Petitioners
Versus
State of Punjab and another .....Respondents
Coram Hon'ble Mr. Justice K. C. Puri
Present Mr. Arun Jindal , Advocate for the petitioners. Mr. K. S. Pannu, A. A.G. Punjab. Mr. Devender Kumar Kaushal, Advocate for respondent no.2.
K. C. Puri,J (Oral)
Report of the trial Court has been received in which it is stated that compromise dated 21.4.2008 entered into between the parties, is not valid/lawful compromise.
Learned counsel for the complainant also stated that no valid compromise has been arrived at.
Petitioner is seeking quashing on the basis of compromise. So, the petition stands dismissed. However, petitioner is at liberty to file petition on the merits of
the case.
March 26, 2009 ( K. C. Puri ) mamta Judge
2 issues framed by the court
Whether a petition for quashing orders based on a compromise can be dismissed when the compromise is alleged to be invalid.
What relief is available to a petitioner whose plea of valid compromise is rejected by the trial court.
Vinod Kumar
another
State of Punjab
another
K. C. Puri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
