Petitioners sought quashing of an FIR based on a compromise between family members. The Single Judge, relying on the precedent of Kulwinder Singh, allowed the petition holding that parties can co-exist peacefully even in non-compoundable offences.
FIR No. 74 dated June 2nd, 2011 and subsequent proceedings are 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.
Criminal Misc. No. M-22307 of 2011 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-22307 of 2011 (O&M) Date of Decision: 18.10.2011.
Baljit Singh and others
..Petitioners
Versus
State of Punjab & others
..Respondents
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Petitioners in person with Mr. Tarsem Singh, Advocate.
Mr. J.S. Bhullar, A.A.G., Punjab, for respondent No.1 – State.
Respondents No.2 & 3 in person with Mr. Ram Bilas Gupta, Advocate.
NAWAB SINGH.J (ORAL)
Petitioners, by filing this petition under Section 482 of Code of Criminal Procedure, seek quashing of First Information Report (for short 'FIR) No.74 dated June 2nd , 2011, registered under Sections 323, 341 and 506 read with Section 34 of Indian Penal Code (for short 'IPC') in Police Station Kurali, District S.A.S. Nagar (Annexure P-1).
Criminal Misc. No. M-22307 of 2011 (O&M)
2
Punjab and another, 2007 (3) RCR (Criminal) 1052. By quashing the FIR, the parties will be able to co-exist peacefully in future putting the end to the dispute for all times to come.
18.10.2011. neetu
(NAWAB SINGH) JUDGE
2 issues framed by the court
Whether the First Information Report should be quashed in view of the compromise between the parties despite the offences being non-compoundable.
Whether the law laid down in Kulwinder Singh permits quashing of FIR in cases involving non-compoundable offences if the dispute has been settled.
Colour shows how this judgement treated each authority
Kulwinder Singh & others Vs. State of Punjab and anotherRelied on¶16
Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052.
1 provisions across 1 enactments
Baljit Singh and others
State of Punjab
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
