The court quashed an FIR registered under Sections 323/382/148/149 IPC and subsequent proceedings in a Criminal Miscellaneous petition under Section 482 CrPC, relying on a settlement and the injured party's no objection statement.
FIR No. 233 dated 09.06.2009 and all subsequent proceedings arising from that FIR were quashed.
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CRM NO. M-17262 OF 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM NO. M-17262 OF 2012 (O&M) DECIDED ON : 02.11.2012
Prince Pal Singh and others
...Petitioners
versus
State of Punjab and another
...Respondents
CORAM : HON'BLE MR. JUSTICE K. C. PURI
Present : Mr. B. D. Sharma, Advocate, for the petitioners.
Mr. Sandeep Chhabra, DAG, Punjab.
K. C. PURI, J. (ORAL)
This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No.233 dated 09.06.2009 under Sections 323/382/148/149 of the Indian Penal Code registered at Police Station Sadar Amritsar District Amritsar City (Annexure P-1), on the basis of compromise (Annexure P-2), along with all subsequent proceedings arising from that FIR.
Earlier report of the trial Court was received in which it was mentioned that parties have arrived at a compromise but the statement of injured was not recorded. Now fresh report from the trial Court has been received in which it is mentioned that injured has also made the statement that he has no objection in the compromise.
CRM NO. M-17262 OF 2012 (O&M)
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The matter involved is personal in nature which has been amicably settled.
So, in view of the above circumstances and in view of authority reported as, “ Kulwinder Singh and others vs. State of Punjab and others” 2007 (3) RCR (Criminal) 1052, the above said FIR stands quashed. Further proceedings in pursuant to that FIR also stands quashed.
Disposed of.
NOVEMBER 02, 2012 shalini
(K. C. PURI) JUDGE
2 issues framed by the court
Whether an FIR under Section 482 CrPC should be quashed on account of a compromise and the agreement by the injured party.
Whether the matter involved can be said to be personal in nature and amicable settlement possible.
Colour shows how this judgement treated each authority
Kulwinder Singh and others vs. State of Punjab and othersRelied on¶19
Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052
2 provisions across 2 enactments
Prince Pal Singh and others
State of Punjab and another
K. C. PURI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
