This Criminal Misc. Petition challenged FIR No.12 (Section 304-A IPC) via compromise. The Court, relying on a Full Bench precedent, allowed the petition and quashed the FIR and consequential proceedings as the complainant confirmed the settlement.
FIR No.12 dated 17.01.2011 under Section 304-A IPC and all consequential proceedings were quashed.
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-15239 of 2012
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-15239 of 2012 (O&M)
Date of decision : 17.08.2012
Kulwant Singh
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Lalit Thakur, Advocate for the petitioner.
Mr. Luvinder Sofat, AAG, Punjab.
Mr. Amandeep Singh Gulati, Advocate, for respondent Nos.4 to 8.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.12 dated 17.01.2011, under Section 304-A of the Indian Penal Code (for short, 'the IPC') registered at Police Station Division No.6, Industrial Area, Ludhiana, and all consequential proceedings arising therefrom, on the basis of compromise (Annexure P-2) arrived at between the parties.
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-15239 of 2012
of-Court settlement by way of compromise, the impugned FIR along with the consequential proceedings arising therefrom are liable to be quashed.
I have heard the learned counsel for the parties.
Respondent No.4, Seema Devi, who duly identified by her counsel, is present in the Court. She has filed a duly sworn in affidavit, admitting the factum of compromise having been reached between the parties. She states that she does not want to keep the proceedings alive.
In view of the statement of the complainant and the affidavit furnished by her and 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.12 dated 17.01.2011, under Section 304-A IPC, registered at Police Station Division No.6, Industrial Area, Ludhiana, and all consequential proceedings arising therefrom, are hereby quashed.
(JITENDRA CHAUHAN) JUDGE
17.08.2012 atulsethi
1 issue framed by the court
Whether a connected Criminal M.C. Petition challenging an FIR based on Section 304-A IPC is maintainable when an out-of-court settlement has been reached.
Colour shows how this judgement treated each authority
Kulwinder Singh and others Vs. State of Punjab and anotherApplied¶23
Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052
Kulwant Singh
State of Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
