Allowed

Kulwinder Singh and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC6 Sept 2011CRM-M/14671/2011

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a petition filed under Section 482 Cr.P.C. to quash FIR No.37 u/s 379 IPC. The court quashed the FIR and consequent proceedings on the ground that the offence was of compoundable nature and the complainant's rights had been satisfied by payment of compensation.

What did the court decide?

FIR No.37 dated 24.4.2011 under Section 379 IPC and consequent proceedings are hereby quashed.

Kulwinder Singh and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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Criminal Miscellaneous No. M-14671 of 2011 Date of Decision: September 06, 2011

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Kulwinder Singh & another

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.....PETITIONER(S)

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VERSUS

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State of Punjab & another

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.....RESPONDENT(S)

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. . .

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CORAM: HON'BLE MR. JUSTICE AJAI LAMBA

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PRESENT: - Mr. Siddarath Gupta, Advocate, for the petitioners.

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Ms. Rajni Gupta, Additional Advocate General, Punjab.

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Mr. N.S. Diwana, Advocate, for respondent No.2.

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. . .

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AJAI LAMBA, J (Oral)

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This petition filed under Section 482 Cr.P.C. prays for quashing FIR No.37 dated 24.4.2011 (Annexure P-1) under Section 379 IPC registered with Police Station, Sandaur, District Sangrur, on the basis of compromise, Annexure P-2.

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Vide order dated 12.5.2011, the Illaqa Magistrate was directed to record the statement of the parties. Report dated

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Crl. Misc. No. M-14671 of 2011 [2]

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6.6.2011 has been received from the Judicial Magistrate Ist Class, Malerkotla, from which it is made out that the complainant gave the statement that accused is to pay a sum of ` 3,40,000/- after quashing of FIR.

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Learned counsel for the respondent-complainant states that the money, as undertaken to be paid by the petitioners, has been paid to the complainant and therefore, the complainant does not oppose the quashing of FIR and consequent proceedings.

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Learned counsel for the respondent-State contends that because the parties have entered into a compromise, the petition for quashing of FIR is not opposed.

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Considering the nature of offence and the fact that rights of the complainant have been satisfied, this petition is allowed. FIR No.37 dated 24.4.2011 (Annexure P-1) under Section 379 IPC registered with Police Station, Sandaur, District Sangrur and consequent proceedings are hereby quashed.

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(AJAI LAMBA)

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September 06, 2011 JUDGE avin

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

Kulwinder Singh and Anr. v. State of Punjab and Anr.

Case brief

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What did the court decide?

Kulwinder Singh and Anr. v. State of Punjab and Anr.

Case brief

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What did the court decide?

What the court decided

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