The High Court of Punjab and Haryana quashed an FIR under Section 482 CrPC following a compromise between parties and citing the absence of ill-will, aligning with its Five-Judge Bench decision in Kulwinder Singh.
FIR No.33 dated February 25, 2008 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-24547 of 2011(O&M) [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No. M-24547 of 2011(O&M) Date of Decision: October 12, 2011
Mandeep Singh @ Mani and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH
Present: Mr.JPS Sidhu, Advocate, for the petitioners.
Mr.J.S,Bhullar, Assistant Adv. General, Punjab
Tarjeet Singh – respondent No.2/ complainant with Mr.A.S.Cheema, Adv. for Mr.Davinder Singh, Advocate.
NAWAB SINGH J.(ORAL)
By filing this petition under Section 482 of the Code of Criminal Procedure, the petitioners (Mandeep Singh @ Mani, Kaka Singh, Major Singh and Satinderjit Singh) have sought quashing of First Information Report (for short 'FIR) No.33 dated February 25th , 2008 (Annexure P1) under Sections 323, 451 read with Section 34 of the Indian Penal Code (for short 'IPC'), registered in Police Station Boha, District Mansa.
Complainant – respondent No.2, namely Tarjeet Singh is present in person and has stated at bar that he has compromised the matter with the petitioners with the intervention of the relatives and friends. He has also tendered his affidavit (Annexure R1) on record. He also states that there is no ill-will left. In the circumstances, there cannot be any embargo in allowing the parties to compromise the matter in view of the law laid down by the Five Judge Bench's decision of this Court rendered in Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052.
Thus, this Court is also of opinion that no useful purpose would be served by allowing the criminal proceedings to continue against the
Criminal Misc.No.M-24547 of 2011(O&M) [ 2 ]
petitioners.
In view of the above, the petition is accepted, FIR No.33 dated February 25th , 2008 (Annexure P1) under Sections 323, 451 read with Section 34 IPC, registered in Police Station Boha, District Mansa and subsequent proceedings arising therefrom, are hereby quashed.
October 12, 2011 `gian'
( NAWAB SINGH ) JUDGE
1 issue framed by the court
Whether the criminal proceedings initiated under Sections 323, 451 read with Section 34 IPC can be quashed due to compromise and absence of ill-will.
Colour shows how this judgement treated each authority
Kulwinder Singh & others Vs. State of Punjab and anotherFollowed¶15
Kulwinder Singh & others Vs. State of Punjab and another, 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Mandeep Singh @ Mani and others
State of Punjab
Nawab Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
