Allowed

Vijay Kumar and Ors. v. State of Punjab and Anr.

Punjab & Haryana HC5 Dec 2012CRM-M/17138/2012

Case brief

AI extract

What is this about?

The High Court allowed petitions for quashing FIR No. 149 and a cross-version. The court ordered quashing based on a compromise, subject to petitioners depositing Rs. 5,000 each with the Legal Services Authority and Police Welfare Fund.

What did the court decide?

The FIR and criminal proceedings are quashed. Each set of petitioners must deposit Rs. 5,000 with the Punjab State Legal Services Authority and Rs. 5,000 with the Punjab Police Welfare Fund within one

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

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CRM-M-17138-2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision: December 5, 2012.

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(1) CRM-M-17138-2012 (O&M).

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Vijay Kumar and others

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..... Petitioners

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Versus

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State of Punjab and another

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.... Respondents

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(2) CRM-M-31784-2012 (O&M).

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Anil Kaushik 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 M.M.S. BEDI PRESENT Mr.Pankaj Jain, Advocate, for the petitioners in CRM-M-17138-2012. Mr.P.S.Guliani, Advocate, for the petitioners in CRM-M-31784-2012.

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Mr.Ankur Jain, AAG., Punjab.

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M.M.S. BEDI, J. (ORAL)

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This order will dispose of the above noted two petitions for quashing of the FIR No.149 dated 28.10.2011, under Sections 452, 506, 323, 148 & 149 IPC, registered at Police Station, City Kharar, District SAS Nagar, Mohali, on the basis of compromise. The said FIR was registered at the instance of respondent No.2 Anil

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CRM-M-17138-2012 (O&M)

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Kaushik alleging that the petitioners had assaulted him by trespassing in his house. A cross-version was registered against Anil Kaushik at the instance of Yadwinder Singh alleging that petitioners i.e., Anil Kaushik along with others had assaulted and criminally intimidated Yadwinder Singh.

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The parties were directed to appear before the IIlaqua Magistrate and get their statements recorded. A report has been received stating that the matter has been voluntarily compromised between both the parties without any pressure or undue influence. Following the judgment in case Kulwinder Singh

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and others Vs. State of Punjab, 2007(3) RCR (Crl.), Page-1052,

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the FIR and cross-version can be quashed on the basis of compromise.

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The petitions are allowed. The above said FIR and all the criminal proceedings emanating therefrom as well as the cross-version and the proceedings emanating therefrom are hereby quashed, the matter having been amicably settled subject to each set of petitioners depositing a total sum of 5,000/- with the Punjab State Legal Services Authority, Sector 22, Chandigarh, and another total sum of 5,000/- with the Punjab Police Welfare Fund, Sector 9, Chandigarh, within a period of one month.

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(M.M.S. BEDI) December 5, 2012. JUDGE rka

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Vijay Kumar and Ors. v. State of Punjab and Anr.

Case brief

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Vijay Kumar and Ors. v. State of Punjab and Anr.

Case brief

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What did the court decide?

What the court decided

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