Allowed

Mani @ Manpreet Singh and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC18 Sept 2012CRM-M/10839/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash an FIR based on a compromise. The court relied on the Trial Court's report confirming that statements validating the compromise were recorded voluntarily without pressure, citing relevant Supreme Court and Full Bench precedents to conclude that prolonging litigation would serve no useful purpose.

What did the court decide?

FIR No. 27 dated 29.02.2012 under Sections 323, 324, 34 IPC and subsequent proceedings are quashed based on the compromise.

Mani @ Manpreet Singh and Ors. Vs State of… — Cheating and Forgery | Punjab & Haryana HC (2012)

¶1

CRM -10839 of 2012

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM M-10839 of 2012 (O&M) Date of Decision: September 18, 2012

¶5

Mani alias Manpreet Singh and others

¶6

... Petitioners

¶7

Versus

¶8

State of Punjab and another

¶9

.. Respondents

¶10

CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

¶11

Present: Mr. Ramandeep Singh Pandher, Advocate, for the petitioners.

¶12

Ms. Jaspreet Kaur, AAG, Punjab.

¶13

Paramjeet Singh, J. (Oral)

¶14

This petition has been moved by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. 27 dated 29.02.2012, under Sections 323, 324, 34 IPC, registered at Police Station Lambi, District Muktsar and subsequent proceedings arising out of it, on the basis of compromise (Annexure P/2).

¶15

On 18.05.2012, this Court passed the following order:-

¶16

“ Quashing of FIR No. 27 dated 29.2.2012, under Sections 323, 324, 34 IPC registered at P.S. Lambi, Distt. Muktsar and subsequent proceedings arising therefrom are sought on the basis of alleged compromise reached between the parteis (Annexure P-2).

¶17

Let the parties appear before the trial Court on 29.5.2012 and get their statements recorded in support of the compromise, as alelged.

¶18

The Trial Court is directed to send a report with regard

¶19

CRM -10839 of 2012

¶20

¶21

to the fact as to whether the statements have been made by the parties voluntarily and without any pressure, before the next date of hearing.

¶22

Notice of motion for 5.7.2012.”

¶23

In pursuance of order dated 18.05.2012, the learned Additional Civil Judge (Senior Division) Malout, has submitted his report dated 31.08.2012, which indicates that parties appeared before him and their respective statements with regard to validity of compromise have been recorded. As per the statements, the complainant has compromised the matter with the petitioners. It is further mentioned in the report that the statements have been made by the parties without any fear or pressure.

¶24

Consequently, in view of compromise (Annexure P/2) and keeping in view the law laid down by the Hon'ble Supreme Court of India in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , no useful purpose would be served in prolonging the litigation.

¶25

The present petition is allowed. FIR No. 27 dated 29.02.2012, under Sections 323, 324, 34 IPC, registered at Police Station Lambi, District Muktsar and subsequent proceedings arising therefrom on the basis of compromise (Annexure P/2) are quashed.

¶26

(Paramjeet Singh) Judge

¶27

September 18, 2012 vkd

Mani @ Manpreet Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Mani @ Manpreet Singh and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kala Singh Vs State of Punjab

Jaswant Singh Vs Stateof Pb

Jang Sher Singh Vs State of Punjab

Chandro Devi Vs State of Haryana

Balkar Singh Vs State of Punjab etc.

Baldev Singh Vs State of Punjab and Ors.