Quashed

Jacob Masih and Anr. v. State of Punjab and Anr.

Punjab & Haryana HC2 Mar 2012CRM-M/1871/2011

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana quashed FIR No.210 and consequential proceedings on a compromise between parties. The court found no useful purpose in continuing trial after affidavit compilation and relied on Supreme Court and Full Bench precedents.

What did the court decide?

FIR No.210 dated 14.11.2010 and proceedings consequential thereto were quashed qua petitioners.

Jacob Masih and Anr. Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2012)

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CRM No.M-1871 of 2011

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IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH

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CRM No.M-1871 of 2011 Date of decision:2.3.2012

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Jacob Masih and another

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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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CORAM: HON'BLE Ms. JUSTICE RITU BAHRI

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Present: Mr.Vikas Mehsempuri, Advocate, for the petitioners.

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Mr. Rajender Mathur, AAG, Punjab.

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RITU BAHRI, J. (Oral)

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Quashing of FIR No.210 dated 14.11.2010 under Sections 452, 380, 336, 323, 427, 506, 148, 149 of the Indian Penal Code registered at Police Station Salem Tabri, District Ludhiana and the proceedings consequential thereto are sought on the basis of affidavit/compromise dated 6.12.2010 (Annexure P-2).

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During the pendency of the trial, a compromise (Annexure P-2) has been effected between the parties.

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In compliance with the order dated 24.1.2011 passed by this Court, status record has been submitted by the learned Judicial Magistrate Ist Class, Ludhiana.

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As per the status report, the complainant suffered statement to the effect that he had entered into compromise with the accused-petitioners with his own free will and he has no objection if the petitioners are acquitted. The petitioners also suffered their

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CRM No.M-1871 of 2011

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statements to that effect.

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Learned counsel for the State has placed on record a copy of reply. As per reply, in the impugned FIR, cancellation report has been filed on account of compromise.

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In view of the above, n o useful purpose would be served in continuing with the proceedings in the light of the compromise

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Consequently, in view of the above circumstances and in view of the judgment of Hon'ble the Supreme Court in the case of Madan Mohan Abbot vs. State of Punjab 2008 (4) S.C.C. 582 and the law laid down by the Full Bench of this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007 (3) RCR (Crl.) 1052, FIR No.210 dated 14.11.2010 under Sections 452, 380, 336, 323, 427, 506, 148, 149 of the Indian Penal Code registered at Police Station Salem Tabri, District Ludhiana and the proceedings consequential thereto are quashed qua petitioners.

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(RITU BAHRI) JUDGE

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2.3.2012 mks

Jacob Masih and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Jacob Masih and Anr. v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

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