The single-judge bench dismissed a criminal miscellaneous petition filed on the basis of compromise. The court held that no proof of compromise was placed on record as the petitioner failed to approach the court.
The present petition is dismissed.
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 COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.M-18428 of 2009 DATE OF DECISION: April 1, 2011
Harmaljit Singh and others
.....Petitioners
versus
State of Punjab and another
...Respondents
CORAM:-HON'BLE MS. JUSTICE NIRMALJIT KAUR
Present: None for the petitioners. Mr.J.S.Brar, AAG, Punjab.
NIRMALJIT KAUR, J. (ORAL)
A perusal of the case file shows that on December 9,2009, the matter was adjourned to 15.12.2009 as the parties did not turn up to compound the offences. Record further shows that on the adjourned date i.e. 15.12.2009, neither the petitioner nor the complainant-respondent No.2 turned up. Thereafter, the matter was adjourned on various occasions as it could not be taken up for hearing on account of paucity of time.
Today, when the case has taken up for hearing, no one put in appearance either on behalf of the petitioner or the complainantrespondent No.2, whereas, the present petition has been filed on the basis of compromise.
As per the reply filed by the State, no copy of the alleged compromise has been given to the Investigating Agency. Neither any copy of the alleged compromise or affidavit has been placed on the records of the case by the petitioner which may prima facie show that the matter has been compromised between the parties. The above facts show that no compromise has been taken place.
In this view of the matter, the present petition is dismissed.
(Nirmaljit Kaur) Judge
April 01, 2011 kd
2 issues framed by the court
Whether the petition based on compromise can be allowed without proof of compromise.
Whether lack of copy of compromise affidavit bids the petition.
Harmaljit Singh and others
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
