The High Court allowed a petition under Section 482 CrPC to quash an FIR alleging a clash with compromise registered, relying on a Full Bench judgment and submission that the matter was voluntarily settled.
The FIR and all criminal proceedings emanating therefrom are hereby quashed.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH.
Cr.Misc. M 10199 of 2012 Date of decision:- 1.12.2012
Pawan Kumar and others
Petitioner
vs.
State of Haryana and others
Respondent
Present: Mr. None for petitioner, Advocate. Mr. Shalini Attri, DAG, Hry
M.M.S.BEDI,J.
The petitioners seek quashing of FIR No. 369 dated 29.7.2011 u/s 148/149/323/506/332/353/186/307/427 IPC and Sections 25/27/54/59 Arms Act, registered at P.S. Nissing, on the basis of compromise , which was registered on the allegations that respondents 2 to 16 had a clash with the petitioners and there was an open fight where injuries were received by the persons of both the parties.
The parties were directed to appear before the trial court and get their statements recorded. The statements of the parties have been recorded and a report has been submitted that the matter has been settled voluntarily. Believing the report submitted, the FIR can be quashed following the Full Bench judgment of this court in Kulwinder Singh and ors vs State of Punjab and another 2007(3) RCR (Cr.) 1052.
In view of the above, the petition is allowed, the above said FIR and all the criminal proceedings emanating therefrom are hereby quashed.
December 1 ,2012 ( M.M.S.BEDI ) TSM JUDGE
2 issues framed by the court
Whether an FIR alleging a clash with compromise registered can be quashed under Section 482 CrPC.
Whether the Full Bench judgment in Kulwinder Singh is applicable to quash the impugned FIR.
Colour shows how this judgement treated each authority
Kulwinder Singh and ors vs State of Punjab and anotherFollowed¶11
Kulwinder Singh and ors vs State of Punjab and another 2007(3) RCR (Cr.) 1052
1 provisions across 1 enactments
Pawan Kumar and others
State of Haryana and others
M.M.S.Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
