Allowed

Rakesh Verma & Anr. v. State of Punjab & Ors.

Punjab & Haryana HC10 Jul 2012CRM-M/12529/2012

Case brief

AI extract

What is this about?

The High Court allowed the petition under Section 482 CrPC to quash the FIR and all consequential proceedings based on the Full Bench decision in Kulwinder Singh following a genuine out-of-court settlement between the parties reached before the Illaqa Magistrate.

What did the court decide?

FIR No.51 dated 13.12.2011 and all consequential proceedings arising therefrom against respondent Nos.2 to 4 were quashed.

Rakesh Verma & Anr. Vs State of Punjab & Ors. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM No.M-12529 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-12529 of 2012 (O&M) Date of decision : 10.07.2012

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Rakesh Verma and another

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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 JITENDRA CHAUHAN

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Present: Mr. I.S. Parmar, Advocate for the petitioners.

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Mr. Luvinder Sofat, AAG, Punjab.

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JITENDRA CHAUHAN, J. (Oral)

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This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.51 dated 13.12.2011 registered under Sections 324, 323, 341, 506, 34 of the Indian Penal Code (for short 'the IPC'), and later on added Section 326 IPC, at Police Station Moti Nagar, Ludhiana, and cross case in the same FIR under Sections 323, 325, 506, 148, 149 IPC against respondent Nos.2 to 4, and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

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While issuing the notice of motion, the parties were directed to appear before the Illaqa Magistrate for getting their

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CRM No.M-12529 of 2012

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statements recorded.

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In compliance of the order dated 01.05.2012, report of JMIC, Ludhiana, dated 23.05.2012, has been received to the effect that the parties have arrived at an out of Court settlement and the said settlement is genuine and without any pressure.

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The learned counsel for the petitioners submits that in view of the genuine compromise arrived at between the parties, the impugned FIR and consequential proceedings arising therefrom, are liable to be quashed.

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Taking into consideration the facts and circumstances of the present case and in view of the law laid down by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, this petition is allowed and FIR No.51 dated 13.12.2011 registered under Sections 324, 323, 341, 506, 34 of the Indian Penal Code (for short 'the IPC'), and later on added Section 326 IPC, at Police Station Moti Nagar, Ludhiana, and cross case in the same FIR under Sections 323, 325, 506, 148, 149 IPC against respondent Nos.2 to 4, and all consequential proceedings arising therefrom are hereby quashed.

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10.07.2011 atulsethi

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(JITENDRA CHAUHAN) JUDGE

Rakesh Verma & Anr. v. State of Punjab & Ors.

Case brief

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Rakesh Verma & Anr. v. State of Punjab & Ors.

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