Allowed

Gurpartap Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC6 Jul 2011CRM-M/21199/2010

Case brief

AI extract

What is this about?

The High Court allowed petitions to quash an FIR and related proceedings under Sections 452, 326, 323, 506, 148, and 149 of the IPC, finding that a bona fide compromise was reached between parties, making continued prosecution futile.

What did the court decide?

FIR No.111 dated 28.5.2010, cross case, and all subsequent proceedings emanating therefrom were quashed.

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

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Crl. Misc No. M 21199 of 2010 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision : July 06, 2011

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Crl. Misc No. M 21199 of 2010 (O&M)

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Gurpartap Singh and others vs State of Punjab & another

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Crl. Misc No. M 29001 of 2010 (O&M)

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Ranjit Singh and others vs State of Punjab & another

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*******

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CORAM : HON'BLE MR.JUSTICE AJAY TEWARI

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Present : Mr. Kewal Singh, Advocate for the petitioners in Crl. Misc No.M 21199 of 2010 and for respondent No.2 in Crl. Misc No.M 29001 of 2010.

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Mr.Suveer Sheokand, Advocate for the petitioners in Crl. Misc No. M 29001 of 2010 and for respondent No.2 in Crl. Misc No.M 21199 of 2010.

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Mr. Rajinder Mathur, AAG Punjab for respondent No.1.

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1. Whether Reporters of Local Newspapers may be allowed to see the judgment ?

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2. To be referred to the Reporters or not ?

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3. Whether the judgment should be reported in the Digest ?

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AJAY TEWARI, J (Oral)

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This order will dispose of Crl. Misc Nos. M 21199 and 29001 of 2010, as both these petitions arise from the same FIR/cross case.

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Prayer in these petitions is for quashing of FIR No.111, dated

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28.5.2010, and cross case, registered under Sections 452, 326, 323, 506, 148, 149 of the IPC, at Police Station Model Town, Ludhiana on the basis of

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Crl. Misc No. M 21199 of 2010 (O&M)

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compromise entered into between the parties.

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Counsel for the petitioners have stated that the matter has been compromised. A compromise deed (Annexure P-3) has been executed between the parties, as per which the complainant/respondent No.2 does not want to pursue the case against the petitioners any further.

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Counsel for respondent No.1, on instructions from HC Jagjit Singh, has accepted these factual assertions.

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In view of the facts, noticed herein above, it is apparent that both the parties have arrived at a bona fide settlement. I am of the opinion that it would be in the interest of justice, as also in the interest of parties, if the present FIR and all subsequent proceedings, emanating therefrom are quashed. It is a fit case where this Court should exercise jurisdiction, under Section 482 of the Cr.P.C to put an end to these futile criminal proceedings. Even otherwise, a Full Bench of this Court has issued broad guidelines in Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Crl) 1052, for quashing of the FIR where parties enter into compromise.

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Consequently, the present petition is allowed and FIR No.111, dated 28.5.2010, and cross case, registered under Sections 452, 326, 323, 506, 148, 149 of the IPC, at Police Station Model Town, Ludhiana and all subsequent proceedings, emanating therefrom, are quashed.

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( AJAY TEWARI ) July 06, 2011. JUDGE `kk'

Gurpartap Singh and Ors. v. State of Punjab and Ors.

Case brief

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Gurpartap Singh and Ors. v. State of Punjab and Ors.

Case brief

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What the court decided

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