Allowed

Daljit Singh Alias Jeeta v. State of Punjab and Others

Punjab & Haryana HC4 Oct 2012CRM-M/12657/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR under Section 380 IPC and consequential proceedings based on a verified out-of-court settlement between the petitioner and the complainant, in the interest of justice.

What did the court decide?

FIR No.25 dated 11.03.2011 under Section 380 IPC and all consequential proceedings are quashed qua the petitioner.

Daljit Singh Alias Jeeta Vs State of Punjab and… — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM No.M-12657 of 2012 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-12657 of 2012 (O&M)

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Date of decision : 04.10.2012

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Daljit Singh alias Jeeta

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...Petitioner

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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. Ankur Mittal, Advocate for the petitioner.

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Mr. Luvinder Sofat, AAG, Punjab.

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Ms. Saudamini Sharma, Advocate, for respondent Nos.2 and 3.

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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.25 dated 11.03.2011, under Section 380 of the Indian Penal Code (for short, 'the IPC') (Section 411 IPC added later on) registered at Police Station Machhiwara, Police District Khanna, District Ludhiana, and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.

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The learned counsel for the petitioners as well as for private respondent jointly submit that since the parties have arrived at an out-

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CRM No.M-12657 of 2012 -2-

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of-Court settlement by way of compromise, the impugned FIR along with the consequential proceedings arising therefrom are liable to be quashed.

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I have heard the learned counsel for the parties.

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In pursuance of the order dated 29.08.2012, passed by this Court, a fax copy of the statements of the petitioner as well as of the complainant-respondent Nos.2 and 3, recorded by the JMIC, Samrala, has been sent. The report of the JMIC, Samrala, regarding the genuineness of the compromise has not been received, however, after going through the statements of the parties, which are taken on record as Mark 'A' and Mark 'B', respectively, this Court is convinced with the assertion of the parties that the compromise has been reached between the parties without any pressure or coercion. Therefore, no purpose would be served in keeping the proceedings alive.

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Keeping in view the above, this Court is satisfied that it would be in the interest of justice if the present petition is allowed. Therefore, FIR No.25 dated 11.03.2011, under Section 380 IPC, (Section 411 IPC added later on) registered at Police Station Machhiwara, Police District Khanna, District Ludhiana, and all consequential proceedings arising therefrom, are hereby quashed, qua the present petitioner.

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04.10.2012 (JITENDRA CHAUHAN) atulsethi JUDGE

Daljit Singh Alias Jeeta v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Daljit Singh Alias Jeeta v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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