Allowed

Hardev Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC17 Oct 2012CRM-M/14547/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed a cross version of an FIR and consequential proceedings under IPC Sections 323, 324, 325, 326, 148, 149 filed under Section 482 CrPC. The decision was based on an out-of-court settlement reached by the resident parties without coercion.

What did the court decide?

The cross version of FIR No.114 dated 25.10.2011 and all consequential proceedings arising therefrom were quashed qua the present petitioners.

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

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CRM No.M- 14547 of 2012 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-14547 of 2012 (O&M) Date of decision : 17.10.2012

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Hardev Singh and others

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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. Deepak Aggarwal, Advocate for the petitioners.

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Mr. Mehardeep Singh, DAG, Punjab.

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Mr. Veneet Sharma, Advocate for the private respondents.

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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 cross version of FIR No.114 dated 25.10.2011, recorded vide DDR No.28 dated 29.10.2011, under Sections 323, 324, 325, 326, 148, 149 of the Indian Penal Code (for short, 'the IPC') registered at Police Station Ajnala, District Amritsar, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

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The learned counsel for the petitioners as well as for private respondents jointly submit that since the parties have arrived at an out of Court settlement by way of compromise, the impugned FIR along

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CRM No.M- 14547 of 2012 -2-

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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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Counsel for both the parties admitted the factum of compromise having been reached between the parties without any coercion. The parties are residents of the same village. Separate affidavits of complainant-respondent Nos.2 & 3, have already been filed in the Court, wherein, the factum of compromise has been reiterated. In Criminal Misc. No. M-22541 of 2012, the main FIR No. 114 of 2011 has been quashed vide order of even date against respondent No.2 and 3 by this Court on the basis of compromise.

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Keeping in view the compromise and the fact that the village fraternity would be preserved by removing hostilities of the parties, this Court feels that no purpose would be served in keeping the proceedings alive.

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Accordingly, the present petition is allowed and cross version of FIR No.114 dated 25.10.2011, recorded vide DDR No.28 dated 29.10.2011, under Sections 323, 324, 325, 326, 148, 149 IPC, registered at Police Station Ajnala, District Amritsar, along with all consequential proceedings arising therefrom, are hereby quashed, qua the present petitioners.

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(JITENDRA CHAUHAN) JUDGE

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17.10.2012 sarita

Hardev Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Hardev Singh and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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