Allowed

Atul Holkar and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC25 Aug 2011CRM-M/12113/2011

Case brief

AI extract

What is this about?

Petition for quashing an FIR under Section 482 CrPC based on post-filing compromise. The High Court relied on a trial court report confirming voluntary statements. Quashed the FIR and consequential proceedings against petitioners.

What did the court decide?

F.I.R. No. 619 dated 26.11.2010 under Sections 420, 406, 506 and 120-B IPC and all consequential proceedings are quashed qua the petitioners.

Atul Holkar and Ors. Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2011)

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CRM No. M- 12113of 2011(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No. M- 12113of 2011(O&M) DECIDED ON:- 25.08.2011

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Lt. Col. Atul Holkar and others

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......Petitioners

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Versus

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State of Haryana and another

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.......Respondents

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CORAM HON'BLE MR. JUSTICE MAHESH GROVER

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Present: Mr.B.S.Taunque, Advocate for the petitioners.

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Mr. J.S.Rattu, DAG, Haryana.

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Mr. J.S.Ahluwalia, Advocate for respondent no.2.

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MAHESH GROVER, J(Oral)

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This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of F.I.R.No.619 dated 26.11.2010 (Annexure P1) under Sections 420, 406, 506 and 120-B IPC, registered at Police Station Sector 7, Faridabad, District Faridabad (Haryana) and all consequential proceedings arising therefrom on the basis of compromise (Anneuxre P-2).

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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.

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On 25.4.2011 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 a result of any undue pressure or coercion.

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Report has since been received from the concerned Court and according to it, petitioners as well as respondent No.2 have appeared and got recorded their statements of their own free will in support of their compromise.

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CRM No. M- 12113of 2011(O&M)

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Learned counsel for the State states that there is no other case pending against the parties.

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In view of the fact and also keeping in view the observations of Full Bench in Kulwinder Singh v. State of Punjab 2007(3) Law Herald 2225, the instant petition is allowed. Consequently, F.I.R. No. 619 dated 26.11.2010 (Annexure P1) under Sections 420, 406, 506 and 120-B IPC, registered at Police Station Sector 7, Faridabad, District Faridabad (Haryana) and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

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25.08.2011 mamta

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(MAHESH GROVER) JUDGE

Atul Holkar and Ors. v. State of Haryana and Anr.

Case brief

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Atul Holkar and Ors. v. State of Haryana and Anr.

Case brief

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