Petition for quashing of FIR alleging assault. Victim consented to compromise. Court relied on Full Bench judgment allowing quashing on compromise basis. Petition allowed and FIR quashed.
FIR No. 155 dated 11.9.2008 and all subsequent proceedings are quashed on the basis of compromise.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. M- 178 of 2009 Date of Decision:- 16.3.2009
Satpal Singh & Anr.
Versus State of Punjab & Ors.
Present:- Mr. P.K. Kataria, Advocate, for the petitioner.
Mr. G.G.Dhuriwala, AAG, Punjab.
M.M.S.BEDI. (J) (Oral)
Petitioners seek quashing of FIR No. 155, dated 11.9.2008, under Sections 307, 323, 324 an 34 IPC and 25 of the Arms Act, registered at Police Station Ajnala, District Amritsar, at the instance of respondent No.3 Sukhdev Singh, on the allegations that petitioners had assaulted him. Now the matter has been compromised.
Sukhdev Singh, present in Court, has made a statement that he does not want to pursue his legal rights against the petitioners and that respondent No.3 has got no objection in case the FIR is quashed on the basis of compromise.
Heard.
In view of Full Bench judgment of this Court in Kulwinder Singh & Ors VS. State of Punjab, 2007(3)RCR (Crl) 1052 , the FIR can be quashed on the basis of compromise.
Petition is allowed. Above-mentioned FIR and all the subsequent proceeding are hereby quashed on the basis of compromise.
March 16, 2009 tripti
(M.M.S.Bedi) Judge
3 issues framed by the court
Whether the FIR alleging assault can be quashed on the basis of a compromise filed by the victims.
Whether the Full Bench judgment applies to the present case regarding the quashing of the FIR.
Whether all subsequent proceedings can be quashed upon the victim's non-opposition.
Colour shows how this judgement treated each authority
Kulwinder Singh & OrsFollowed¶12
Kulwinder Singh & Ors VS. State of Punjab, 2007(3)RCR (Crl) 1052
2 provisions across 2 enactments
Satpal Singh & Anr.
State of Punjab & Ors.
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
