This petition under Section 482 CrPC was filed to quash an FIR based on a compromise. The court relied on the Full Bench judgment in Kulwinder Singh and allowed the petition, quashing the FIR and all consequential proceedings.
Quashed FIR No.21 dated 06.04.2012 and all consequential proceedings arising therefrom.
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.
CRM No.M-13170 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-13170 of 2012 (O&M) Date of decision : 06.08.2012
Malkit Singh and others
...Petitioners
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Vikrant Pujara, Advocate, Mr. CSS Sisodia, Advocate, for the petitioners.
Mr. Mehardeep Singh, DAG, Punjab.
Mr. JJS Uppal, Advocate for the complainants.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.21 dated 06.04.2012, registered under Sections 323, 324, 506, 148, 149 of the Indian Penal Code (for short, 'the IPC'), at Police Station Sandaur, District Sangrur, and all consequential proceedings arising therefrom, on the basis of compromise, (Annexure P-2) arrived at between the parties.
While issuing the notice of motion, the parties were directed to appear before the trial Court for getting their statements
CRM No.M-13170 of 2012
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recorded.
In compliance of the order dated 07.05.2012, report of Judicial Magistrate 1st Class, Malerkotla, dated 05.06.2012, 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.
In view of the above and taking into consideration 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.21 dated 06.04.2012, registered under Sections 323, 324, 506, 148, 149 IPC, at Police Station Sandaur, District Sangrur, and all consequential proceedings arising therefrom are hereby quashed.
06.08.2012 (JITENDRA CHAUHAN) atulsethi JUDGE
Note : Whether to be referred to Reporter : Yes / No
1 issue framed by the court
Whether FIR No.21 and all consequential proceedings can be quashed on the basis of a genuine compromise arrived at between the parties.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherExplained¶21
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
2 provisions across 2 enactments
Malkit Singh and others
State of Punjab and others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
