The High Court allowed a petition under Section 482 CrPC to quash an FIR and consequent proceedings based on a post-facto reported compromise. Statements were recorded by parties at the Trial Court confirming voluntary settlement.
FIR No. 168 dated 22.11.2010 and all consequent proceedings qua the petitioners are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-10519 of 2011 (O&M) Decided on : 14-09-2011
Jagmail Singh and others
....Petitioners
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. Saurabh Kaushik, Advocate for the petitioners
Mr. Gaurav Garg Dhuriwala. DAG, Punjab
MAHESH GROVER, J
This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of FIR No. 168 dated 22.11.2010 registered under Sections 341, 323, 324, 342, 148, 149 IPC at Police Station Sadar Nabha, District Patiala and all consequent proceedings arising therefrom on the basis of compromise.
It is contended by the learned counsel for the petitioners that during the pendency of the proceedings pursuant to the FIR, the parties have resolved their differences amicably and in view of this, they do not wish to pursue with the litigation any further.
On 07.04.2011, this Court directed the parties to appear before the Trial Court and get their statements recorded in support of their claim that the matter has been compromised. Trial Court was also directed to send the report about the factum of compromise and also the fact that such statements were not result of any undue pressure or coercion.
Crl. Misc. No. M-10519 of 2011 (O&M)
2
Report has since been received from the concerned Court and according to it, petitioners as well as respondents No.2 and 3 have appeared and got recorded their statements on their own free will in support of their compromise.
In view of the above facts and also keeping in view the observations of Full Bench in Kulwinder Singh versus State of Punjab 2007 (3) Law Herald 2225 , the instant petition is allowed. Consequently, FIR No. 168 dated 22.11.2010 registered under Sections 341, 323, 324, 342, 148, 149 IPC at Police Station Sadar Nabha, District Patiala and all consequent proceedings arising therefrom qua the petitioners are hereby quashed.
September 14, 2011 reena
(Mahesh Grover) Judge
2 issues framed by the court
Whether FIR and consequent proceedings quashable upon showing compromise with statements recorded voluntarily before Trial Court.
Whether Full Bench observations in Kulwinder Singh versus State of Punjab applicable to grant relief via Section 482 CrPC.
Colour shows how this judgement treated each authority
Kulwinder Singh versus State of PunjabRelied on¶18
Kulwinder Singh versus State of Punjab 2007 (3) Law Herald 2225
2 provisions across 2 enactments
Jagmail Singh and others
State of Punjab and others
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
