Allowed

Bua Singh and Others v. State of Punjab and Ors.

Punjab & Haryana HC3 Aug 2012CRM-M/16443/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana quashed an FIR and subsequent proceedings upon finding a valid compromise between parties. Following reports from the trial court confirming the compromise was voluntary and without coercion, the Court held that no useful purpose would be served by prolonging the litigation.

What did the court decide?

FIR No. 166 dated 08.10.2005 under Sections 447/427/379 IPC and subsequent proceedings are quashed.

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

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CRM M-16443 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM M-16443 of 2012 (O&M) Date of Decision: August 03, 2012

Bua Singh and others

... Petitioners

Versus

State of Punjab and another

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.. Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: Mr. Ramesh Sharma, Advocate, for the petitioners.

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Mr. J.S. Bhullar, AAG, Punjab.

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Mr. B.S. Jaswal, Advocate, for respondent No.2.

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Paramjeet Singh, J. (Oral)

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This petition has been moved by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing FIR No. 166, dated 08.10.2005, under Sections 447/427/379 IPC, registered at Police Station Ghuman, District Gurdaspur and subsequent proceedings arising out of it, on the basis of compromise (Annexure P/2).

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On 30.05.2012, this Court passed the following order:“ Notice of motion for 03.08.2012.

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At this stage, Mr. B.S.Jaswal, Advocate has put in appearance and accepts notice on behalf of respondent No.2. Learned counsel for the petitioner is directed to supply the copy of petition to learned counsel appearing for respondent No.2 today itself during the course of the day.

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In the meantime, the parties are directed to get their statements recorded before the trial Court and the trial Court is directed to send the report with regard to

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CRM M-16443 of 2012 2

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the validity or otherwise of the compromise, after recording the statements of all the concerned parties before the next date of hearing.

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Further proceedings before the trial Court shall remain stayed.”

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In pursuance of order dated 30.05.2012, the learned Judicial Magistrate Ist Class, Batala, has submitted his report dated 09.07.2012, which indicates that parties appeared before him and their respective statements with regard to validity of compromise have been recorded. As per the statements, the complainant has compromised the matter with the petitioners. It is further mentioned in the report that the statements have been made by the parties without any pressure and coercion. Now, no dispute is pending between the parties.

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Consequently, in view of compromise (Annexure P/2) and keeping in view the law laid down by the Hon'ble Supreme Court of India in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429 and by the Full Bench of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , no useful purpose would be served in prolonging the litigation.

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The present petition is allowed. FIR No. 166, dated 08.10.2005, under Sections 447/427/379 IPC, registered at Police Station Ghuman, District Gurdaspur and subsequent proceedings arising therefrom on the basis of compromise (Annexure P/2) are quashed.

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(Paramjeet Singh) Judge

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August 03, 2012 vkd

Bua Singh and Others v. State of Punjab and Ors.

Case brief

What is this about?

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Bua Singh and Others v. State of Punjab and Ors.

Case brief

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