The Court quashed FIR no. 28 and consequent proceedings registered under various sections of the IPC after recording statements confirming an amicable compromise between petitioners and respondents, relying on a Full Bench decision.
FIR no. 28 dated 14.3.2009 and all consequent proceedings arising therefrom quashed.
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Crl. Misc. No. M-2120 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-2120 of 2010 (O&M) Decided on : 17-08-2011
Paramjit Singh and others
....Petitioners
VERSUS
State of Punjab and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:Mr. R.K.Arya, Advocate for the petitioners
Mr. Gaurav Garg Dhuriwala, DAG, Punjab
Mr. L.S.Padda, Advocate for Mr. Gurmeet Singh, Advocate for respondents
MAHESH GROVER, J
Reply on behalf of respondent-State has been filed in the Court today and the same is taken on record. A copy thereof has been supplied to the counsel opposite.
This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of FIR no. 28 dated 14.3.2009 registered under Sections 324, 323, 452, 148, 149, 120-B IPC and later on added Section 326 IPC at Police Station Quadian, District Batala and all consequent proceedings arising therefrom on the basis of compromise.
It is contended by the learned counsel for the petitioners that during the pendency of the proceedings pursuant to the FIR, the parties have resolved their differences amicably and in view of this, they do not wish to pursue with the litigation any further.
Crl. Misc. No. M-2120 of 2010 (O&M) 2
On 10.3.2011, 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. The 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, both the parties have appeared and got recorded their statements on their own free will in support of the compromise.
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. 28 dated 14.3.2009 registered under Sections 324, 323, 452, 148, 149, 120-B IPC and later on added Section 326 IPC at Police Station Quadian, District Batala and all consequent proceedings arising therefrom are hereby quashed.
August 17, 2011 (Mahesh Grover) rekha Judge
1 issue framed by the court
Whether the FIR and consequential proceedings should be quashed on the basis of an amicable compromise between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh versus State of PunjabExplained¶20
Kulwinder Singh versus State of Punjab 2007 (3) Law Herald 2225
2 provisions across 2 enactments
Paramjit Singh and others
State of Punjab and others
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
