Allowed

Navpreet Singh & Ors. v. State of Punjab Ors.

Punjab & Haryana HC17 Aug 2011CRM-M/2168/2010

Case brief

AI extract

What is this about?

The Single Judge allowed the quashing petition under Section 482 CrPC, holding that the parties had amicably resolved their differences. Relied on Kulwinder Singh, quashing the FIR and subsequent proceedings as no prosecution was necessary after compromise.

What did the court decide?

FIR No. 28 dated 14.3.2009 and all consequent proceedings arising therefrom are quashed.

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

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Crl. Misc. No. M-2168 of 2010 (O&M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-2168 of 2010 (O&M) Decided on : 17-08-2011

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Navpreet Singh and others

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....Petitioners

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VERSUS

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State of Punjab and others

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....Respondents

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CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER

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Present:Mr. L.S.Padda, Advocate for Mr. Gurmeet Singh, Advocate for the petitioners

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Mr. Gaurav Garg Dhuriwala, DAG, Punjab Mr.R.K.Arya, Advocate for respondents

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MAHESH GROVER, J

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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.

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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.

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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.

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Crl. Misc. No. M-2168 of 2010 (O&M) 2

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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.

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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.

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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.

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August 17, 2011 (Mahesh Grover) rekha Judge

Navpreet Singh & Ors. v. State of Punjab Ors.

Case brief

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Navpreet Singh & Ors. v. State of Punjab Ors.

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