Petition for quashing an FIR under IPC sections based on a compromise. The High Court recorded that statements were recorded voluntarily. Relying on a Full Bench decision, the Court quashed the FIR and all consequent proceedings.
FIR no. 140 dated 13.8.2009 and all consequent proceedings arising therefrom are hereby 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.
Crl. Misc. No. M-17342 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-17342 of 2011 (O&M) Decided on : 22-09-2011
Lakhvir Singh and others
....Petitioners
VERSUS
State of Punjab and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:None for the petitioners
Mr.Jasdev Singh Brar, AAG, Punjab
MAHESH GROVER, J
This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of FIR no. 140 dated 13.8.2009 registered under Sections 452, 447, 511, 506, 148, 149 IPC at Police Station Phillaur, District Jalandhar and all consequent proceedings arising therefrom on the basis of compromise.
On 1.6.2011, 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.
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 on their own free will in support of their compromise.
Crl. Misc. No. M-17342 of 2011 (O&M) 2
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. 140 dated 13.8.2009 registered under Sections 452, 447, 511, 506, 148, 149 IPC at Police Station Phillaur, District Jalandhar and all consequent proceedings arising therefrom are hereby quashed.
September 22, 2011 rekha
(Mahesh Grover) Judge
2 issues framed by the court
Whether the FIR and consequent proceedings should be quashed on the basis of compromise.
Whether the recorded statements prove the compromise was voluntary and free from coercion.
Colour shows how this judgement treated each authority
Kulwinder Singh versus State of PunjabRelied on¶17
Kulwinder Singh versus State of Punjab 2007 (3) Law Herald 2225
2 provisions across 2 enactments
Lakhvir Singh and others
State of Punjab
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
