Allowed

Harbhajan Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC18 Nov 2009CRM-M/24593/2009

Case brief

AI extract

What is this about?

This judgment allows a Section 482 Cr.P.C. petition to quash an FIR under Sections 326, 324 read with Section 34 IPC on the basis of a reached compromise between parties, guided by a Full Bench decision of this Court.

What did the court decide?

The FIR and subsequent proceedings are quashed subject to the deposit of costs of Rs. 7,000/- by petitioners with the Punjab State Legal Services Authority within one month.

Harbhajan Singh and Ors. Vs State… — Contract and Commercial Disputes | Punjab & Haryana HC (2009)

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CRM No. M-24593 of 2009 1

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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.

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CRM No. M-24593 of 2009 (O&M) Date of decision: 18.11.2009

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Harbhajan Singh and others ...Petitioners

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Versus

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State of Punjab and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA

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Present: Mr. Gopal Mahajan, Advocate, for the petitioners. Mr. Shailesh Gupta, DAG, Punjab. Mr. RKS Verka, Advocate, for respondent No.2.

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Rajan Gupta, J (oral).

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The petitioners have filed this petition under Section 482 Cr.P.C. for quashing of FIR No.163 dated 30^th October, 2008, under Sections 326, 324 read with Section 34 IPC, registered at Police Station Sadar Gurdaspur, District Gurdaspur (Annexure P-1) and the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

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Complainant/respondent No.2 is present in Court. He is duly identified by his counsel. He has filed an affidavit, which is taken on record as Mark 'A' admitting therein the factum of compromise (Annexure P-2) arrived at between the parties. He states that he has no objection if the present FIR is quashed.

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Learned counsel for the State submits that in view of the

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CRM No. M-24593 of 2009 2

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fact that the parties have compromised the matter, the State would not stand in the way of quashing of the FIR.

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The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served with continuance of the criminal proceedings.

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In view of the above, the present FIR and the consequent proceedings deserve to be quashed in the light of the decision of Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab, 2007 (3) RCR (Crl.) 1052. The allegations in this case pertain to the year 2008. Precious time of the police as well as courts for more than one year has been wasted. Costs of the proceedings thus need to be imposed on the parties. It is directed petitioners will jointly deposit a sum of Rs.7,000/- with the Punjab State Legal Services Authority within a period of one month from today.

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Resultantly, the present petition is allowed, the FIR and the subsequent proceedings arising therefrom are quashed subject to the condition that petitioners will deposit costs in above terms.

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A copy of order be sent to the Punjab State Legal Services Authority, Chandigarh.

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(RAJAN GUPTA) JUDGE

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November 18, 2009 'rajpal'

Harbhajan Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Harbhajan Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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