Allowed

Prince and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC29 Aug 2012CRM-M/13393/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under section 482 Cr.P.C. to quash an FIR and subsequent proceedings on the ground of a compromise between the complainant and the accused, relying on a Full Bench precedent.

What did the court decide?

FIR No. 85 dated 28.8.2011 under sections 324/323/379/326/148/149 IPC and all consequential proceedings arising therefrom are quashed.

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

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Crl.Misc.No. M-13393 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl.Misc.No. M-13393 of 2012 Date of decision : 29.8.2012

Prince and Ors. v.

State of Punjab

Petitioners

Respondent

CORAM HON'BLE MR. JUSTICE JITENDRA CHAUHAN

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Present: Mr. Ritesh Pandey, Advocate for the petitioner Mr. Luvinder Sofat, AAG, Punjab

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JITENDRA CHAUHAN,J.

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This petition under section 482 Cr.P.C has been filed for quashing of the FIR No. 85 dated 28.8.2011, under sections 324/323/379/326/148/149 IPC, registered at Police Station Sekhwan, Tehsil Batala and all the subsequent proceedings arising therefrom, on the basis of compromise Annexure P-2.

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A report, dated 25.8.2012, from the court of Judicial Magistrate Ist Class, Gurdaspur is received, wherein it has been noticed that the complainant Baljit Singh as well as accused Prince, Shanty and Sonu appeared in the court and their statements were recorded that they have effected a compromise and they have no grudge against each other. The said compromise (Annexure P-2) is on the record. A perusal of the compromise reveals that the complainant has condoned the acts of the petitioners and does not have any objection if the FIR lodged at his instance and the subsequent proceedings are quashed.

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In view of the above, this Court is of the opinion that no useful purpose would be served in continuing the proceedings. In view of

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Crl.Misc.No. M-13393 of 2012

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the law laid down by the Full Bench of this Court in re: Kulwinder Singh and Others versus State of Punjab and another 2007(3) Recent Criminal Reports (Crl.) 1052, this Court is competent to quash the proceedings on the basis of compromise.

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Accordingly, this petition is allowed and FIR No. 85 dated 28.8.2011, under sections 324/323/379/326/148/149 IPC, registered at Police Station Sekhwan, Tehsil Batala and all consequential proceedings arising therefrom are hereby quashed.

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(JITENDRA CHAUHAN) JUDGE

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29.8.2012 MS

Prince and Ors. v. State of Punjab and Anr.

Case brief

What is this about?

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Prince and Ors. v. State of Punjab and Anr.

Case brief

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