The High Court of Punjab and Haryana quashed the FIR and subsequent proceedings arising from a non-compoundable family dispute between an uncle and nephew following a compromise between the parties.
FIR No.116 dated 11.06.2004 and all subsequent proceedings were quashed with respect to the petitioners.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No.M-12742 of 2011 Date of Decision:-26.05.2011
Daulat Ram and others
Petitioners
Versus
State of Punjab & another ....Respondents
CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH.
Present:Mr. Gurmeet Singh, Advocate, for Mr. Kewal Singh, Advocate, for the petitioners
Mr. Sudhir Nehra, Addl. A.G. Punjab.
Mr. Sachin Jain, Advocate, for respondent No.2.
NAWAB SINGH J.(ORAL)
By this petition under Section 482 of Code of Criminal Procedure, the petitioner seeks quashing of First Information Report (for short 'FIR) No.116 dated June 11th , 2004 (Annexure P-1), registered under Sections 148, 323, 324 and 326 read with Section 149 Indian Penal Code (for short 'IPC'), Police Station Shahkot, Jalandhar on the basis of compromise (Annexure P/2) entered into between the parties.
Criminal Misc. No.M-12742 of 2011
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rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052. Law has been made for the human beings and not the vice-versa. The paramount object is to keep order so that the society can breath easily and peace prevails. If the FIR and consequent proceedings thereunder in this case are quashed, it will not only benefit both the parties but also the system of the society at large. The parties will be able to co-exist peacefully in the future putting the end to the dispute for all times to come.
In upshot, for the reasons recorded supra, the petition is accepted, FIR No. 116 dated June 11th , 2004 (Annexure P- 1), registered under Sections 148, 323, 324 and 326 read with Section 149 IPC, Police Station Shahkot, Jalandhar and subsequent proceedings arising therefrom, are hereby quashed qua petitioners – Daulat Ram, Lehmber Singh, Smt. Daro, Smt. Rajwinder Kaur, Paramjit Kaur alias Pammi, Balwinder Kaur and Baljit Kaur only.
(NAWAB SINGH) JUDGE
26.05.2011 som
1 issue framed by the court
Whether criminal proceedings based on non-compoundable offences can be quashed upon a family compromise.
Colour shows how this judgement treated each authority
Kulwinder Singh & others Vs. State of Punjab and anotherRelied on¶4
Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052.
2 provisions across 2 enactments
Daulat Ram and others
State of Punjab
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
